Rule2025-05912
Tiafenacil; 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
April 7, 2025
Effective
April 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes tolerances for residues of tiafenacil in or on multiple commodities. ISK Biosciences Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Full Text
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<title>Federal Register, Volume 90 Issue 65 (Monday, April 7, 2025)</title>
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[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Rules and Regulations]
[Pages 14907-14911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05912]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0246; FRL-12678-01-OCSPP]
Tiafenacil; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
tiafenacil in or on multiple commodities. ISK Biosciences Corporation
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective April 7, 2025. Objections and
requests for hearings must be received on or before June 6, 2025 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2023-0246, is available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in-person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
<a href="/cdn-cgi/l/email-protection#1b495f5d4955746f72787e685b7e6b7a357c746d"><span class="__cf_email__" data-cfemail="1a485e5c4854756e73797f695a7f6a7b347d756c">[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).
If you have any questions regarding the applicability of this
proposed action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.
B. What is EPA's authority for taking this action?
EPA is issuing this rulemaking under section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section
408(b)(2)(A)(i) 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.'' FFDCA section
408(b)(2)(A)(ii) of 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.
Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining
in effect a tolerance. EPA must take into account the factors set forth
in FFDCA section 408(b)(2)(C), 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. . .
.''Additionally, FFDCA section 408(b)(2)(D) requires that the Agency
consider, among other things, ``available information concerning the
cumulative effects of a particular pesticide's residues'' and ``other
substances that have a common mechanism of toxicity.''
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. If you fail to file an objection to the
final rule within the time period specified in the final rule, you will
have waived the right to raise any issues resolved in the final rule.
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-
2023-0246 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 June 6, 2025.
EPA's Office of Administrative Law Judges (OALJ), in which the
Hearing Clerk is housed, urges parties to file and serve documents by
electronic means only, notwithstanding any other particular
requirements set forth in other procedural rules governing those
proceedings. See ``Revised Order Urging Electronic Filing and
Service,'' dated June 22, 2023, which can be found at <a href="https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf">https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf</a>.
Although EPA's regulations require submission via U.S. Mail or hand
delivery, EPA intends to
[[Page 14908]]
treat submissions filed via electronic means as properly filed
submissions; therefore, EPA believes the preference for submission via
electronic means will not be prejudicial. When submitting documents to
the OALJ electronically, a person should utilize the OALJ e-filing
system at <a href="https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf">https://yosemite.epa.gov/oa/eab/eab-alj_upload.nsf</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 Confidential Business Information (CBI)) for
inclusion in the public docket at <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 statue. If you wish to
include CBI in your request, please follow the applicable instructions
at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly
mark the information that you claim to be CBI. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice.
II. Petition for Exemption
In the Federal Register of October 26, 2023 (88 FR 73571) (FRL-
10579-09-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 2F9040) by ISK Biosciences Corporation, 7470 Auburn Road,
Suite A, Concord, Ohio 44077. The petition requested that 40 CFR
180.713(a)(1) be amended by establishing tolerances for residues of the
herbicide tiafenacil, including its metabolites and degradates, in or
on Pulses, dried shelled bean, except soybean, subgroup 6-22E at 0.03
parts per million (ppm); Pulses, dried shelled pea, subgroup 6-22F at
0.05 ppm; Citrus fruit, group 10-10 at 0.01 ppm; Pome fruit, group 11-
10 at 0.01 ppm; Stone fruit, group 12-12 at 0.01 ppm; Tree nut, group
14-12 at 0.01 ppm; Barley subgroup 15-22B at 0.015 ppm; Sweet corn
subgroup 15-22D at 0.01 ppm; Grain sorghum and millet subgroup 15-22E
at 0.01 ppm; Rapeseed, subgroup 20A at 0.015 ppm; and Peanut at 0.01
ppm. The petition also requested that 40 CFR 180.713(a)(2) be amended
by establishing tolerances for residues of the herbicide tiafenacil,
including its metabolites and degradates, in or on Almond hulls at 0.03
ppm; Barley, hay at 0.07 ppm; Barley, straw at 0.04 ppm; Corn, sweet,
forage at 0.01 ppm; Corn, sweet, stover at 0.015 ppm; Pea, straw at 7
ppm; Sorghum, forage at 0.01 ppm; and Sorghum, stover at 0.015 ppm.
That document referenced a summary of the petition prepared by ISK
Biosciences Corporation, the petitioner, which is available in the
docket (EPA-HQ-OPP-2023-0246), <a href="https://www.regulations.gov">https://www.regulations.gov</a>. A comment
was received in response to the notice of filing. EPA's response to
this comment is discussed in Unit IV.C.
Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
has revised tolerance values and definitions for some commodities, and
established tolerances on additional livestock feed commodities. The
reasons for these changes are explained in Unit IV.D.
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 tiafenacil including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with tiafenacil follows.
In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings for the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and EPA considers referral back to those
sections as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
EPA has previously published a tolerance rulemaking in 2020 for
tiafenacil in which EPA concluded, based on the available information,
that there is a reasonable certainty that no harm would result from
aggregate exposure to tiafenacil 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 for tiafenacil, see Unit III.A. of the tiafenacil tolerance
rulemaking published in the Federal Register of September 8, 2020 (85
FR 55380) (FRL-10013-02).
Toxicological points of departure/Levels of concern. A summary of
the toxicological points of departure and levels of concern for
tiafenacil used for human health risk assessment is discussed in Unit
III.B of the September 8, 2020, rulemaking.
Exposure assessment. Much of the exposure assessment remains
unchanged from the September 2020 rulemaking, although updates have
occurred to accommodate the exposures from the petitioned-for
tolerances. These updates are discussed in this section; for a
description of the rest of the EPA approach to and assumptions for the
exposure assessment, see Unit III.C of the September 8, 2020,
rulemaking.
EPA's chronic dietary exposure assessment has been updated to
include the additional exposure from the petitioned-for tolerances for
tiafenacil, and incorporated tolerance-level residues and 100% crop
treated (CT) assumptions. This assessment was revised to reflect the
updated Dietary Exposure Evaluation Model software with the Food
Commodity Intake Database (DEEM-FCID), Version 4.02, which incorporates
2005-2010 consumption data from the United States Department of
Agriculture (USDA) National Health and Nutrition Examination Survey,
What We Eat in America (NHANES/WWEIA). The chronic estimated drinking
water concentration (EDWC) of 66 parts per billion (ppb) is unchanged
from the September 8, 2020, rulemaking and were directly incorporated
into the dietary assessment. An acute dietary exposure assessment was
not performed since there were no adverse effects identified in the
toxicological studies for tiafenacil. A cancer dietary
[[Page 14909]]
assessment was not conducted as tiafenacil is classified as ``not
likely'' to be a human carcinogen. Tiafenacil is not registered for any
specific use patterns that would result in residential exposure.
Therefore, a quantitative residential exposure assessment was not
conducted.
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 September 8, 2020, rulemaking for a discussion of the
Agency's rationale for that determination.
Aggregate risks and Determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
dietary exposure estimates to the acute population-adjusted dose (aPAD)
and the chronic population-adjusted dose (cPAD). Short-, intermediate-,
and chronic-term aggregate risks are evaluated by comparing the
estimated total food, water, and residential exposure to the
appropriate points of departure (PODs) to ensure that an adequate
margin of exposure (MOE) exists.
An acute aggregate risk assessment takes into account acute
exposure estimates from dietary consumption of food and drinking water.
No adverse effect resulting from a single oral exposure was identified
and no acute dietary endpoint was selected. Therefore, tiafenacil is
not expected to pose an acute risk. Chronic dietary (food and drinking
water) risks are below the Agency's level of concern of 100% of the
cPAD; they are 51% of the cPAD for all infants less than 1 year old,
the population group receiving the greatest exposure. There is no
short- or intermediate-term residential exposure expected since there
are no proposed or previously registered residential uses of
tiafenacil. Therefore, the chronic aggregate risks consist only of the
dietary risks from food and water only, and as stated above, are below
the Agency's level of concern. Based on the lack of evidence of
carcinogenicity in two adequate rodent carcinogenicity studies,
tiafenacil is not expected to pose a cancer risk to humans.
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 tiafenacil residues, including its metabolites
and degradates. More detailed information about the Agency's analysis
can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in the document titled
``Tiafenacil. Human Health Risk Assessment for the New Proposed Uses on
Barley (Crop subgroup 15-22B), Citrus (Crop Group 10-10), Sweet corn
subgroup 15-22, Dry shelled beans except soybean (Crop subgroup 6-22E),
Dry shelled peas (Crop subgroup 6-22F), Grain sorghum (Crop Subgroup
15-22E), Pome fruit (Crop group 11-10), Rapeseed (Oilseed subgroup
20A), Stone fruit (Crop group 12-12), Peanut, and Tree nuts (Crop Group
14-12)'' in docket ID number EPA-HQ-OPP-2023-0246.
IV. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodologies (high-performance liquid
chromatography method with tandem mass spectrometry detection (LC/MS/
MS, Method No. GPL-MTH-113) and QuEChERS (AOAC Official Method 2007.1))
are available to enforce the tolerance expression for determination of
residues of tiafenacil in/on crop commodities. In addition, BASF
Analytical Method L0272/01 is suitable for the enforcement of
tolerances for residues of tiafenacil in/on livestock commodities.
The methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-2905; email address:
<a href="/cdn-cgi/l/email-protection#483a2d3b212c3d2d252d3c20272c3b082d3829662f273e"><span class="__cf_email__" data-cfemail="780a1d0b111c0d1d151d0c10171c0b381d0819561f170e">[email protected]</span></a>.
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 Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established any MRL for tiafenacil.
C. Response to Comments
One comment was received in response to the Notice of Filing
published in the Federal Register of October 26, 2023 (88 FR 73571)
(FRL-10579-09-OCSPP). This comment was not accompanied by any
substantiation nor data supporting a conclusion that the tolerances
being established in this action do not meet the FFDCA safety standard.
Although EPA recognizes that some individuals would oppose any use of
pesticides on food, section 408 of the FFDCA authorizes EPA to set
tolerances for residues of pesticide chemicals in or on food when it
determines that the tolerance meets the safety standard imposed by that
statute. Upon review of the available information, EPA concludes that
these tolerances would be safe.
D. Revisions to Petitioned-For Tolerances
EPA is revising the following proposed commodity definitions to
align with the Agency's current preferred commodity vocabulary:
``Citrus fruit, group 10-10'' to ``Fruit, citrus, group 10-10''; ``Pome
fruit, group 11-10'' to ``Fruit, pome, group 11-10''; ``Stone fruit,
group 12-12'' to ``Fruit, stone, group 12-12''; ``Tree nut, group 14-
12'' to ``Nut, tree, group 14-12''; ``Pulses, dried shelled bean,
except soybean, subgroup 6-22E'' to ``Vegetable, legume, pulse, bean,
dried shelled, except soybean, subgroup 6-22E''; ``Pulses, dried
shelled pea, subgroup 6-22F'' to ``Vegetable, legume, pulse, pea, dried
shelled, subgroup 6-22F''; and ``Pea, straw'' to ``Pea, field, forage''
and ``Pea, field, hay.'' EPA is also revising the tolerance levels
proposed for Barley subgroup 15-22B from 0.015 ppm to 0.01 ppm, for
Vegetable, legume, pulse, bean, dried shelled, except soybean, subgroup
6-22E from 0.03 ppm to 0.01 ppm, for Barley, hay from 0.07 ppm to 0.03
ppm, for Barley, straw from 0.04 ppm to 0.03 ppm, for Corn, sweet,
forage from 0.01 ppm to 0.03 ppm, and for Corn, sweet, stover from
0.015 ppm to 0.03 ppm based on crop field trial data demonstrating that
either all or combined residues were less than the method limit of
quantitation (LOQ). In addition, EPA is revising the tolerance levels
proposed for Rapeseed, subgroup 20A from 0.015 ppm to 0.15 ppm, for
Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F from 0.05
ppm to 0.03 ppm, for Almond, hulls from 0.03 ppm to 0.2 ppm, and for
Pea, field, forage and Pea, field, hay from 7 ppm to 5 ppm based on the
Organization for Economic Co-operation and Development (OECD)
calculator.
Although tolerances under 40 CFR 180.713(a)(2) were proposed for
grain sorghum (forage and stover), the
[[Page 14910]]
petitioner did not propose tolerances for residues in or on the
livestock feed raw agricultural commodities (RACs) associated with the
use of tiafenacil on the other commodities within the Grain sorghum and
millet subgroup 15-22E (fonio, Job's tears, millet, and teff). EPA has
determined that tolerances for residues in these RACs are needed based
on the tolerances requested. Therefore, EPA is establishing tolerances
under 40 CFR 180.713(a)(2) on livestock feed RACs for fonio (black,
forage and hay; white, forage and hay), Job's tears (forage and hay),
millet (barnyard, forage and hay; finger, forage and hay; foxtail,
forage and hay; little, forage, hay and straw; pearl, forage, hay and
straw; proso, forage, hay and straw), and teff, straw.
V. Conclusion
Therefore, tolerances are established for residues of tiafenacil,
including its metabolites and degradates, under 40 CFR 180.713(a)(1) in
or on Barley subgroup 15-22B at 0.01 ppm; Fruit, citrus, group 10-10 at
0.01 ppm; Fruit, pome, group 11-10 at 0.01 ppm; Fruit, stone, group 12-
12 at 0.01 ppm; Grain sorghum and millet subgroup 15-22E at 0.01 ppm;
Nut, tree, group 14-12 at 0.01 ppm; Peanut at 0.01 ppm; Rapeseed,
subgroup 20A at 0.15 ppm; Sweet corn subgroup 15-22D at 0.01 ppm;
Vegetable, legume, pulse, bean, dried shelled, except soybean, subgroup
6-22E at 0.01 ppm; and Vegetable, legume, pulse, pea, dried shelled,
subgroup 6-22F at 0.03 ppm.
In addition, tolerances are established for residues of tiafenacil,
including its metabolites and degradates, under 40 CFR 180.713(a)(2) in
or on Almond, hulls at 0.2 ppm; Barley, hay at 0.03 ppm; Barley, straw
at 0.03 ppm; Corn, sweet, forage at 0.03 ppm; Corn, sweet, stover at
0.03 ppm; Fonio, black, forage at 0.05 ppm; Fonio, black, hay at 0.08
ppm; Fonio, white, forage at 0.05 ppm; Fonio, white, hay at 0.08 ppm;
Job's tears, forage at 0.05 ppm; Job's tears, hay at 0.08 ppm; Millet,
barnyard, forage at 0.05 ppm; Millet, barnyard, hay at 0.08 ppm;
Millet, finger, forage at 0.05 ppm; Millet, finger, hay at 0.08 ppm;
Millet, foxtail, forage at 0.05 ppm; Millet, foxtail, hay at 0.08 ppm;
Millet, little, forage at 0.05 ppm; Millet, little, hay at 0.08 ppm;
Millet, little, straw at 0.07 ppm; Millet, pearl, forage at 0.05 ppm;
Millet, pearl, hay at 0.08 ppm; Millet, pearl, straw at 0.07 ppm;
Millet, proso, forage at 0.05 ppm; Millet, proso, hay at 0.08 ppm;
Millet, proso, straw at 0.07 ppm; Pea, field, forage at 5 ppm; Pea,
field, hay at 5 ppm; Sorghum, grain, forage at 0.05 ppm; Sorghum,
grain, stover at 0.05 ppm; and Teff, straw at 0.07 ppm.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/regulations/and-executive-orders">https://www.epa.gov/regulations/and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is exempt from review under Executive Order 12866 (58
FR 51735, October 4, 1993), because it establishes or modifies a
pesticide tolerance or a tolerance exemption under FFDCA section 408.
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 action is any significant adverse economic
impact on small entities and that the Agency is certifying that this
action will not have a significant economic impact on a substantial
number of small entities because the action has no net burden on small
entities subject to this rulemaking. This determination takes into
account several EPA analyses of potential small entity impacts for
tolerance actions.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more (in 1995 dollars and adjusted annually for inflation) as described
in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely
affect small governments. The action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not a significant regulatory action under
section 3(f)(1) of Executive Order 12866 (See Unit VI.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 2021 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)). The Agency's
consideration is documented in the pesticide-specific registration
review documents, located 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 (66 FR 28355)
(May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
J. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355)
(May 22, 2001) because it is not a significant
[[Page 14911]]
regulatory action under Executive Order 12866.
K. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
L. 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 does not meet the
criteria set forth in 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: March 26, 2025.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
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. 180.713 by:
0
a. Adding in alphabetical order to table 1 to paragraph (a)(1) the
entries ``Barley subgroup 15-22B''; ``Fruit, citrus, group 10-10'';
``Fruit, pome, group 11-10''; ``Fruit, stone, group 12-12''; ``Grain
sorghum and millet subgroup 15-22E''; ``Nut, tree, group 14-12'';
``Peanut''; ``Rapeseed, subgroup 20A''; ``Sweet corn subgroup 15-22D'';
``Vegetable, legume, pulse, bean, dried shelled, except soybean,
subgroup 6-22E''; and ``Vegetable, legume, pulse, pea, dried shelled,
subgroup 6-22F''; and
0
b. Adding in alphabetical order to table 2 to paragraph (a)(2) the
entries ``Almond, hulls''; ``Barley, hay''; ``Barley, straw''; ``Corn,
sweet, forage''; ``Corn, sweet, stover''; ``Fonio, black, forage'';
``Fonio, black, hay''; ``Fonio, white, forage''; ``Fonio, white, hay'';
``Job's tears, forage''; ``Job's tears, hay''; ``Millet, barnyard,
forage''; ``Millet, barnyard, hay''; ``Millet, finger, forage'';
``Millet, finger, hay''; ``Millet, foxtail, forage''; ``Millet,
foxtail, hay''; ``Millet, little, forage''; ``Millet, little, hay'';
``Millet, little, straw''; ``Millet, pearl, forage''; ``Millet, pearl,
hay''; ``Millet, pearl, straw''; ``Millet, proso, forage''; ``Millet,
proso, hay''; ``Millet, proso, straw''; ``Pea, field, forage''; ``Pea,
field, hay''; ``Sorghum, grain, forage''; ``Sorghum, grain, stover'';
and ``Teff, straw.''
The additions read as follows:
Sec. 180.713 Tiafenacil; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley subgroup 15-22B...................................... 0.01
* * * * *
Fruit, citrus, group 10-10.................................. 0.01
Fruit, pome, group 11-10.................................... 0.01
Fruit, stone, group 12-12................................... 0.01
Grain sorghum and millet subgroup 15-22E.................... 0.01
* * * * *
Nut, tree, group 14-12...................................... 0.01
Peanut...................................................... 0.01
Rapeseed subgroup 20A....................................... 0.15
* * * * *
Sweet corn subgroup 15-22D.................................. 0.01
Vegetable, legume, pulse, bean, dried shelled, except 0.01
soybean, subgroup 6-22E....................................
Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F 0.03
* * * * *
------------------------------------------------------------------------
(2) * * *
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond, hulls............................................... 0.2
Barley, hay................................................. 0.03
Barley, straw............................................... 0.03
* * * * *
Corn, sweet, forage......................................... 0.03
Corn, sweet, stover......................................... 0.03
Fonio, black, forage........................................ 0.05
Fonio, black, hay........................................... 0.08
Fonio, white, forage........................................ 0.05
Fonio, white, hay........................................... 0.08
Job's tears, forage......................................... 0.05
Job's tears, hay............................................ 0.08
Millet, barnyard, forage.................................... 0.05
Millet, barnyard, hay....................................... 0.08
Millet, finger, forage...................................... 0.05
Millet, finger, hay......................................... 0.08
Millet, foxtail, forage..................................... 0.05
Millet, foxtail, hay........................................ 0.08
Millet, little, forage...................................... 0.05
Millet, little, hay......................................... 0.08
Millet, little, straw....................................... 0.07
Millet, pearl, forage....................................... 0.05
Millet, pearl, hay.......................................... 0.08
Millet, pearl, straw........................................ 0.07
Millet, proso, forage....................................... 0.05
Millet, proso, hay.......................................... 0.08
Millet, proso, straw........................................ 0.07
Pea, field, forage.......................................... 5
Pea, field, hay............................................. 5
Sorghum, grain, forage...................................... 0.05
Sorghum, grain, stover...................................... 0.05
* * * * *
Teff, straw................................................. 0.07
* * * * *
------------------------------------------------------------------------
[FR Doc. 2025-05912 Filed 4-4-25; 8:45 am]
BILLING CODE 6560-50-P
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