Rule2026-00545
Permethrin; 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
January 14, 2026
Effective
January 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes a tolerance for residues of permethrin in or on the food and feed commodities of dragon fruit (pitaya) as well as crop group expansions to field corn subgroup 15-22C and sweet corn subgroup 15-22D, and crop group conversions to leafy greens subgroup 4-16A, including tolerances for arugula, garden cress, and upland cress. The Interregional Research Project No. 4 (IR-4), requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Full Text
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<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
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[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Rules and Regulations]
[Pages 1396-1400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00545]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2024-0201; FRL-13107-01-OCSPP]
Permethrin; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes a tolerance for residues of
permethrin in or on the food and feed commodities of dragon fruit
(pitaya) as well as crop group expansions to field corn subgroup 15-22C
and sweet corn subgroup 15-22D, and crop group conversions to leafy
greens subgroup 4-16A, including tolerances for arugula, garden cress,
and upland cress. The Interregional Research Project No. 4 (IR-4),
requested this tolerance under the Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective January 14, 2026. Objections and
requests for hearings must be received on or before March 16, 2026 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-2024-0201, is available at <a href="http://www.regulations.gov">http://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#03514745514d6c776a606670436673622d646c75"><span class="__cf_email__" data-cfemail="feacbab8acb0918a979d9b8dbe9b8e9fd0999188">[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) 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. 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 . . .''
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2024-0201 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
March 16, 2026.
The 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 the EPA's regulations require submission via U.S. Mail or hand
delivery, the EPA intends to treat submissions filed via electronic
means as properly filed submissions; therefore, the 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>.
[[Page 1397]]
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 instruction for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute. 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. Petitioned-For Tolerance
In the Federal Register of November 1, 2024 (89 FR 87321 (FRL-
11682-08-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 4E9106) by the Interregional Research Project No. 4 (IR-
4), IR-4 Project Headquarters, North Carolina State University, 1730
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition
requests to amend 40 CFR 180.378 by establishing a tolerance for
residues of the insecticide permethrin, cis- and trans-permethrin
isomers [cis-(3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropane carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate], in or on
the raw agricultural commodities: arugula at 50 parts per million
(ppm); cress, garden at 50 ppm; cress, upland at 50 ppm; dragon fruit
(pitaya) at 1.5 ppm; field corn subgroup 15-22C at 0.05 ppm; leafy
greens subgroup 4-16A at 50 ppm; and sweet corn subgroup 15-22D at 0.1
ppm). Additionally, the petition requests, upon approval of the above
tolerance, to remove the existing tolerances in 40 CFR 180.378 in or on
the following agricultural commodities: corn, field, grain at 0.05 ppm;
corn, pop, grain at 0.05 ppm; leafy green subgroup 4A at 20 ppm;
lettuce, head at 20 ppm; spinach at 20 ppm; and corn, sweet, kernel
plus cob with husks removed at 0.10 ppm. That document referenced a
summary of the petition prepared by IR-4, the petitioner, which is
available in the docket (ID number EPA-HQ-OPP-2024-0201) at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. There was one comment received in response to the
notice of filing. The comment stated that the commentor is in support
of the guidelines.
In the Federal Register of January 13, 2025 (90 FR 2661 (FRL-11682-
11-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
4E9106) by the Interregional Research Project No. 4 (IR-4), IR-4
Project Headquarters, North Carolina State University, 1730 Varsity
Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition requests
to amend 40 CFR 180.378 by removing established tolerances for residues
of the insecticide permethrin, cis- and trans-permethrin isomers [cis-
(3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropane carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate], in or on
the raw agricultural commodities: corn, field, grain at 0.05 ppm; corn,
pop, grain at 0.05 ppm; corn, sweet, kernel plus cob with husks removed
at 0.10 ppm; leafy greens subgroup 4A at 20 ppm; lettuce, head at 20
ppm; and spinach at 20 ppm. There were four comments received in
response to the notice of filing. Three of the comments were in support
of the rule. The fourth comment stated that ``there are options for
organic pesticides that have both long term economic[al] and ecological
benefits despite upfront costs.'' Although the Agency recognizes that
some individuals believe that organic pesticides should be used on
agricultural crops, the existing legal framework provided by section
408 of the FFDCA authorizes EPA to establish tolerances when it
determines that the tolerances are safe. Upon consideration of the
validity, completeness, and reliability of the available data, as well
as other factors the FFDCA requires EPA to consider, EPA has determined
that the permethrin tolerances are safe. The commenter has provided no
information indicating that a safety determination cannot be supported.
Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is establishing a tolerance that varies from what was requested. The
reason for this change is explained in Unit IV.D.
III. Final Tolerance Action
A. 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 permethrin including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with permethrin 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 of the new rulemaking.
EPA has previously published a number of tolerance rulemakings for
permethrin in which EPA concluded, based on the available information,
that there is a reasonable certainty that no harm would result from
aggregate exposure to permethrin and established a tolerance for
residues of that chemical. EPA is incorporating previously published
sections from those rulemakings as described further in this
rulemaking, as they remain unchanged.
B. Toxicological Profile
For a discussion of the Toxicological Profile of permethrin, see
Unit III A. of the July 28, 2020, rulemaking (85 FR 45329) (FRL-10009-
45).
[[Page 1398]]
C. Toxicological Points of Departure/Levels of Concern
For a summary of the Toxicological Points of Departure/Levels of
Concern for permethrin used for human health risk assessment, see Unit
III.B. of the July 28, 2020, rulemaking (85 FR 45329) (FRL-10009-45).
D. Exposure Assessment
Much of the exposure assessment remains the same, although updates
have occurred to accommodate exposures from the petitioned-for
tolerance. 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 July 28, 2020, rulemaking
(85 FR 45329) (FRL-10009-45).
EPA's dietary exposure assessments have been updated to include the
additional exposure from the new use of permethrin on dragon fruit and
do not change the prior exposure estimates. This assessment was
conducted with Dietary Exposure Evaluation Model software using the
Food Commodity Intake Database (DEEM-FCID; Version 4.02), which uses
the 2005-2010 food consumption data from the United States Department
of Agriculture's National Health and Nutrition Examination Survey, What
We Eat in America. The assessment used the same assumptions as the July
28, 2020, rulemaking (85 FR 45329) (FRL-10009-45).
1. Drinking water exposure. The new use does not result in an
increase in the estimated residue levels in drinking water, so EPA used
the same estimated drinking water concentrations in the acute and
chronic dietary exposure assessments as identified in Unit III.C.2. of
the July 28, 2020, rulemaking (85 FR 45329) (FRL-10009-45). Permethrin
is classified as ``suggestive evidence of carcinogenic potential''
based upon the lung adenomas in female mice. The Agency has determined
that quantification of risk using a non-linear approach (i.e.,
reference dose (RfD)) will adequately account for all toxicity,
including carcinogenicity, that could result from exposure to
permethrin. Additionally, there is no concern for mutagenicity based on
the findings from the genotoxicity battery of studies.
2. Non-occupational exposure. The new uses do not impact
residential/bystander exposures and thus the residential exposures have
not changed since the last assessment described in the July 28, 2020,
rulemaking (85 FR 45329) (FRL-10009-45).
3. Cumulative exposure. 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.'' The Agency has
determined that the pyrethroids and pyrethrins share a common mechanism
of toxicity (<a href="http://www.regulations.gov">http://www.regulations.gov</a>; EPA-HQ-OPP-2008-0489-0006).In
2011, after establishing a common mechanism grouping for the
pyrethroids and pyrethrins, the Agency conducted a cumulative risk
assessment (CRA) which is available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; EPA-
HQ-OPP-2011-0746.In that document, the Agency concluded that cumulative
exposures to pyrethroids (based on pesticidal uses registered at the
time the assessment was conducted) did not present risks of concern.
For the proposed new use of permethrin on dragon fruit, crop group
expansions to field corn subgroup 15-22C and sweet corn subgroup 15-
22D, and crop group conversions to leafy greens subgroup 4-16A,
including tolerances for arugula, garden cress, and upland cress. The
proposed new use will not impact the results of the 2011 CRA.
Therefore, the results of the 2011 CRA are still valid and there are no
cumulative risks of concern for the pyrethroids/pyrethrins.
E. Safety Factor for Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the Food Quality Protection Act
(FQPA) Safety Factor (SF). In applying this provision, EPA either
retains the default value of 10X, or uses a different additional safety
factor when reliable data available to EPA support the choice of a
different factor. EPA continues to conclude that there is 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 July 28, 2020,
rulemaking for a discussion of the Agency's rationale for that
determination.
F. 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 chronic population adjusted dose
(cPAD). Short-, intermediate-, and chronic-term 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.
Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD. They are 4.3% of the aPAD for children 3 to 5 years old,
the population subgroup with the highest exposure estimate. A chronic
dietary endpoint has not been selected for permethrin because repeated
exposure does not result in a point of departure lower than that
resulting from acute exposure. Therefore, the acute dietary risk
assessment is protective of chronic dietary risk. However, since there
are residential uses of permethrin, a highly refined chronic dietary
(food and drinking water) exposure assessment was conducted to
calculate chronic dietary exposure estimates to support the permethrin
aggregate risk assessment.
The short-term aggregate risk assessment combines exposures to
permethrin from the registered residential uses and the dietary (food
and drinking water) risk assessment. An aggregate risk index (ARI)
approach was used for the short-term aggregate risk assessment since
the oral and inhalation endpoints have different level of concerns.
ARIs that are greater than or equal to 1 and are not of concern. The
short-term aggregate assessment for children 1 to less than 2 years old
was conducted using the ARI approach for consistency purposes, even
though only oral post-application exposures are anticipated for the
selected residential scenario. The short-term aggregate assessment for
adults resulted in an ARI of 76 and, for children 1 to less than 2
years old, the result is an ARI of 3.0. Since the ARIs are greater than
1, there are no short-term aggregate risks of concern for permethrin.
Residential exposures are not expected to occur from the newly
proposed uses since none are residential use sites. For more details on
residential exposure, see III.C.3 of the July 28, 2020, rulemaking (85
FR 45329) (FRL-10009-45).
Permethrin is classified as showing ``suggestive evidence of
carcinogenic potential'' based upon the lung adenomas in female mice.
The Agency has determined that quantification of risk using a non-
linear approach (i.e., reference dose (RfD)) will adequately
[[Page 1399]]
account for all toxicity, including carcinogenicity, that could result
from exposure to permethrin. Additionally, there is no concern for
mutagenicity based on the findings from the genotoxicity battery of
studies.
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 permethrin residues. 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 ``Permethrin. Human Health Risk Assessment for
Proposed Usage on Dragon Fruit, Crop Group Expansions to Field Corn
Subgroup 15-22C and Sweet Corn Subgroup 15-22D, and Crop Group
Conversions to Leafy Greens Subgroup 4-16A, Including Tolerances for
Orphan Crops Arugula, Garden Cress, and Upland Cress'' in docket ID
number EPA-HQ-OPP-2024-0201.
IV. Other Conclusions
A. Analytical Enforcement Methodology
For a discussion of the available analytical enforcement method,
see Unit IV.A of the July 28, 2020 rulemaking (85 FR 45329) (FRL-10009-
45).
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international 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 Canadian and Codex MRLs are expressed in terms of total
permethrin. The U.S. residue definition is harmonized with Canada and
Codex. Mexico adopts U.S. tolerances. When the U.S. tolerance is
higher, harmonization is not feasible because the tolerances are based
on field trial data that resulted in residues that necessitated the
higher limit. For some cases, such as corn grain, EPA establishes a
different U.S. tolerance (0.05 ppm) than the Codex tolerance (2 ppm)
due to differences in use patterns.
C. Revisions to Petitioned-For Tolerances
A tolerance of 3 ppm is being established for dragon fruit rather
than 1.5 ppm as requested. The petitioner reported the proposed
tolerance based on the average cis- and trans-permethrin residue (cis-
and trans-permethrin residues were not combined). EPA is establishing a
tolerance for residues of permethrin cis- and trans-isomers in/on
dragon fruit, based on the per-trial average total cis- and trans-
permethrin residue, derived using the Organization for Economic
Cooperation and Development (OECD) MRL calculation procedures. The OECD
tolerance calculation when using the per-trial average is 3 ppm for
dragon fruit. Also, tolerances are currently established for residues
in leafy greens subgroup 4A at 20 ppm. A tolerance of 50 ppm is being
established for residues in leafy greens subgroup 4-16A commodities as
part of the crop group conversion. The increased tolerance level is due
to data that were received in response to the data requests in the
permethrin data call-in (GDCI-109701-26467). Additionally, as part of
the crop group conversion, arugula, garden cress, and upland cress have
moved to crop group 4-16B. EPA is establishing individual tolerances
for residues in these commodities at 50 ppm to ensure that previously
established tolerances associated with phase four revisions are not
inadvertently lost during crop group conversion requests.
V. Conclusion
Therefore, tolerances are established for residues of permethrin in
or on arugula at 50 ppm; cress, garden at 50 ppm; cress, upland at 50
ppm; dragon fruit at 3 ppm; field corn subgroup 15-22C at 0.05 ppm;
leafy greens subgroup 4-16A at 50 ppm; and sweet corn subgroup 15-22D
at 0.1 ppm. In addition, the rule removes the established tolerances
for residues of permethrin in or on corn, field, grain at 0.05 ppm;
corn, pop, grain at 0.05 ppm; leafy greens subgroup 4A at 20 ppm;
lettuce, head at 20 ppm; spinach at 20 ppm; and corn, sweet, kernel
plus cob with husks at 0.10 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 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.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply
because actions that establish a tolerance under FFDCA section 408 are
exempted from review under Executive Order 12866.
C. 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.
D. Regulatory Flexibility Act (RFA)
Since tolerance actions that are established on the basis of a
petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the RFA, 5 U.S.C. 601 et seq., do not apply to this
action.
E. 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 on the private sector.
F. 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.
G. 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.
[[Page 1400]]
H. 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 tolerance actions like this one are exempt from
review under Executive Order 12866. 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 summarized in
Unit III.E.
I. 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.
J. 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.
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: December 22, 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. 180.378 by:
0
a. In the table in paragraph (a):
0
i. Adding the table heading, ``Table 1 to Paragraph (a)'';
0
ii Adding in alphabetical order the entry ``Arugula'';
0
iii. Removing the entry for ``Corn, field, grain'';
0
iv. Removing the entry ``Corn, pop, grain'';
0
v. Removing the entry ``Corn, sweet kernel plus cob with husks
removed'';
0
vi. Adding in alphabetical order the entry ``Cress, garden'';
0
vii. Adding in alphabetical order the entry ``Cress, upland'';
0
viii. Adding in alphabetical order the entry ``Dragon fruit'';
0
ix. Adding in alphabetical order the entry ``Field corn subgroup 15-
22C'';
0
x. Adding in alphabetical order the entry ``Leafy greens subgroup 4-
16A'';
0
xi. Removing the entry ``Leafy greens subgroup 4A'';
0
xii. Removing the entry ``Lettuce, head'';
0
xiii. Removing the entry ``Spinach'';
0
xiv. Adding in alphabetical order the entry ``Sweet corn subgroup 15-
22D''.
The additions and revisions read as follows:
Sec. 180.378 Permethrin; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Arugula..................................................... 50
* * * * *
Cress, garden............................................... 50
Cress, upland............................................... 50
* * * * *
Dragon fruit................................................ 3
* * * * *
Field corn subgroup 15-22C.................................. 0.05
* * * * *
Leafy greens subgroup 4-16A................................. 50
* * * * *
Sweet corn subgroup 15-22D.................................. 0.1
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-00545 Filed 1-13-26; 8:45 am]
BILLING CODE 6560-50-P
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