Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides; Maleic Hydrazide, et al.
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Abstract
The Environmental Protection Agency (EPA or Agency) is finalizing several pesticide tolerance actions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that the Agency previously determined were necessary or appropriate during the registration review conducted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 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 under FIFRA. The Agency is also finalizing tolerance actions identified outside of registration review as housekeeping measures, such as removing expired tolerances from the Code of Federal Register (CFR). The pesticide tolerances and active ingredients addressed in this rulemaking are identified and discussed in detail in Unit III. of this document.
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Rules and Regulations]
[Pages 9722-9728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03942]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2017-0418; FRL-6704-03-OCSPP]
RIN 2070-ZA16
Pesticide Tolerances; Implementing Registration Review Decisions
for Certain Pesticides; Maleic Hydrazide, et al.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
finalizing several pesticide tolerance actions under the Federal Food,
Drug, and Cosmetic Act (FFDCA) that the Agency previously determined
were necessary or appropriate during the registration review conducted
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
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 under FIFRA. The Agency
is also finalizing tolerance actions identified outside of registration
review as housekeeping measures, such as removing expired tolerances
from the Code of Federal Register (CFR). The pesticide tolerances and
active ingredients addressed in this rulemaking are identified and
discussed in detail in Unit III. of this document.
DATES: This rule is effective on February 27, 2026. Objections and
requests for hearings must be received on or before April 28, 2026 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.D. of this document).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2017-0418, is available through
<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: Robert Little, Pesticide Re-Evaluation
Division (E305-05), Office of Pesticide Programs, Environmental
Protection Agency, 109 T.W. Alexander Drive, Research Triangle Park, NC
27711; telephone number: (919) 541-5667; email address:
<a href="/cdn-cgi/l/email-protection#d7bbbea3a3bbb2f9a5b8b5b2a5a397b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="1e72776a6a727b306c717c7b6c6a5e7b6e7f30797168">[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 might apply to
them:
<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
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. What action is the Agency taking?
EPA is finalizing several tolerance actions that the Agency
proposed in the Federal Registers of February 5, 2019 (84 FR 1691)
(FRL-9970-24) (Proposed Rule) and August 8, 2025 (90 FR 38426) (FRL-
6704-02) (Supplemental Notice). EPA previously determined these
tolerance actions were necessary or appropriate during registration
review of the pesticide active ingredients identified in Unit III. of
this final rule. The Agency also identified tolerance actions outside
of registration review as housekeeping measures. The tolerance actions
for each pesticide active ingredient are described in detail in Unit
III. of the Proposed Rule, and for the active ingredient maleic
hydrazide, also in the Supplemental Notice.
The Agency did not receive any public comments on the Proposed
Rule. The Agency received two comments on the Supplemental Notice from
two contributors. The public comments did not result in changes to the
regulatory text of this final rulemaking. For a detailed summary of the
comments received and Agency responses, see Unit II.
C. What is EPA's authority for taking this action?
FFDCA section 408(e), 21 U.S.C. 346a(e), authorizes EPA to
establish, modify, or revoke tolerances or exemptions from the
requirement of a tolerance on its own initiative. After providing a 60-
day public comment period, EPA may finalize the rule. EPA provided a
60-day comment period on the Proposed Rule and 30-day comment period on
the Supplemental Notice and is now finalizing the rule.
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
[[Page 9723]]
exposure to the pesticide chemical residue . . .''
D. 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 the chemical-specific docket
ID number as provided in Unit III. in the subject line on the first
page of your submission. In the event a chemical-specific docket ID is
not provided, you should use the docket ID EPA-HQ-OPP-2017-0418,
followed by the chemical name. All objections and requests for a
hearing must be in writing and must be received by the Hearing Clerk on
or before April 28, 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>.
II. Background
In the Proposed Rule and Supplemental Notice, EPA proposed several
tolerance actions that the Agency previously determined were necessary
or appropriate during registration review of the pesticide active
ingredients identified in Unit III. The Agency also proposed
housekeeping measures, such as removing expired tolerances for these
pesticides. This final rule serves to implement the previously proposed
changes, except for certain actions that have already been finalized
through other rulemakings, as described in Unit III.
A. Public Comments Received and EPA's Responses
During the public comment period for the Proposed Rule, which
closed on April 8, 2019, EPA received no comments. During the public
comment period for the Supplemental Notice, which closed on September
8, 2025, EPA received two comments, which did not result in any changes
to the actions being finalized. The following is a summary of the
comments received and the Agency's responses to those comments.
Comment: An anonymous public comment recommended prohibiting the
production and use of chemicals with potential carcinogenicity.
EPA's Response: The Agency acknowledges the commenter's concern and
notes that this final rule serves to implement tolerance actions that
have undergone a safety determination as specified in Unit II.B. of
this final rule. For the actions and tolerance levels in this final
rule, the Agency has found no risk of concern for carcinogenicity, and
the actions are supported by the registration review process and human
health risk assessments. 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>. EPA has determined that
the tolerance actions finalized herein are safe, i.e., there is a
reasonable certainty that no harm will result to the general
population, or specifically to infants and children, from exposure to
the pesticide active ingredients identified and discussed in Unit III.
of this final rule, and that adequate enforcement methodology is
available. The commenter has not provided information indicating that
these safety determinations cannot be supported.
Comment: An anonymous public comment opposed the proposed exemption
from the requirement of a tolerance for maleic hydrazide. According to
the commenter, removing commodity-specific tolerances would eliminate
oversight and weaken enforcement of pesticide residue limits. The
commenter also claimed the data used for the risk assessment is
outdated and fails to fully consider cumulative or long-term exposure,
especially to infants and children. The commenter also expressed
concern for exposure to hydrazine as a potential carcinogen. Lastly,
the commenter expressed their dissatisfaction with the length of the
comment period for the Supplemental Notice.
EPA's Response: FFDCA 408(c), 21 U.S.C. 346a(c), authorizes EPA to
establish a tolerance exemption for residues of a pesticide chemical in
or on food when it determines that the exemption meets the safety
standard imposed by the statute. 40 CFR 180.900 further provides that a
tolerance exemption shall be granted when it appears that the total
quantity of the pesticide chemical in or on all raw agricultural
commodities for which it is useful under conditions of use currently
prevailing or proposed will involve no hazard to human health. In
support of the registration review of maleic hydrazide, EPA conducted a
qualitative human health risk assessment, Maleic Hydrazide, and its
Potassium Salt: Qualitative Risk Assessment for Registration Review and
Screen of the Hydrazine Impurity dated June 18, 2014 (``Maleic
Hydrazide Risk Assessment''), which is available in docket ID EPA-HQ-
OPP-2009-0387. The Agency found that maleic hydrazide has low toxicity
and identified no toxicological endpoints for human health risk
assessment. As such, the Agency concluded that it would be appropriate
to revoke the existing tolerances for residues of maleic hydrazide on
specific commodities and instead establish an exemption from the
requirement of a tolerance. The Agency also conducted a quantitative
screening-level cancer assessment of hydrazine, an impurity which is
present in maleic hydrazide technical products with a limit of 15 parts
per million (ppm). As part of registration review, the Agency
determined that the 15 ppm limit is adequate to protect against cancer
risk from the currently registered uses of maleic hydrazide, and that
any significant increases in currently registered uses or new uses of
maleic hydrazide may need additional exposure data to reassess
hydrazine in maleic hydrazide technical products. There have been no
such changes to the registered uses of maleic hydrazide since the
Maleic Hydrazide Risk Assessment.
As discussed in Unit III. of the Supplemental Notice and this final
rule, based on the supporting registration review documents, EPA has
determined that the exemption from the requirement of a tolerance is
safe, i.e., there is a reasonable certainty that no harm will result to
the general population, or specifically to infants and children, from
exposure to maleic hydrazide residues. The commenter has not provided
specific information
[[Page 9724]]
indicating that this safety determination cannot be supported.
With respect to the commenter's concern regarding the shorter 30-
day public comment period on the Supplemental Notice, the Agency
articulated its rationale in Unit I.C. of the Supplemental Notice,
including that the Proposed Rule had a 60-day public comment period
that did not result in any comments received; the Supplemental Notice
requested comment only on a discrete modification to a proposed
tolerance action for a single pesticide; and a shorter 30-day public
comment period would be in the public interest because it would allow
the Agency to move forward sooner with issuing a final rule.
Additionally, the Agency did not receive any requests for an extension
of the public comment period on the Supplemental Notice.
B. EPA's Safety Determination
EPA has reviewed the available scientific data and other relevant
information on toxicity and exposure of the individual chemicals
represented in this rulemaking. The Agency has published risk
assessments detailing the risks from aggregate exposure, including to
infants and children, for each of the pesticides represented herein for
which EPA determined tolerance actions were necessary or appropriate as
part of registration review. The chemical-specific toxicity and
exposure analyses, which support the safety determinations contained in
Unit III., can be found in the human health risk assessment documents
and related registration review decision documents, which are available
in the public docket that has been opened for each pesticide, as noted
in Unit III.
C. Analytical Enforcement Methodology
Adequate enforcement methodology as described in the supporting
documents is available to enforce the tolerance expressions for the
pesticide active ingredients identified in Unit III.
D. Conclusion
After considering all available information, EPA has determined it
is appropriate, based on the underlying safety assessments, to finalize
the tolerance actions identified in this rulemaking.
III. Final Tolerance Actions
EPA is finalizing the tolerance actions identified in this unit.
All tolerance values expressed in the regulatory text of this rule,
modified or otherwise, reflect current Organization of Economic
Cooperation and Development (OECD) rounding class practice.
A. 40 CFR 180.175; Maleic Hydrazide; Case 0381 (Docket ID No. EPA-HQ-
OPP-2009-0387)
EPA is finalizing its proposal to revoke all tolerances for
residues of maleic hydrazide and to remove 40 CFR 180.175 in its
entirety. The Agency is also finalizing its proposal, as described in
the Supplemental Notice, to establish an exemption from the requirement
of a tolerance for residues of maleic hydrazide when used as a plant
growth regulator or herbicide under the newly designated 40 CFR
180.1349.
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 maleic hydrazide residues.
Therefore, EPA has determined that the exemption from the requirement
of a tolerance for residues of maleic hydrazide is safe and an
enforcement method is not necessary to enforce the tolerance exemption.
B. 40 CFR 180.182; Endosulfan
EPA is finalizing its proposal to remove the tolerances for
endosulfan, which have all expired.
C. 40 CFR 180.298; Methidathion; Case 0034 (Docket ID No. EPA-HQ-OPP-
2008-0723)
EPA is finalizing its proposal to remove the tolerances for
methidathion, which have all expired.
D. 40 CFR 180.316; Pyrazon
EPA is finalizing its proposal to revoke all tolerances for
residues of pyrazon. As outlined in the Proposed Rule, there are no
remaining U.S. registrations for use of pyrazon on food commodities,
and the pyrazon registrant notified EPA of a need for the pyrazon
tolerances for import purposes through December 31, 2017. Since this
date has passed, the Agency believes these tolerances are no longer
needed and that existing stocks in the United States are exhausted.
However, to ensure sufficient time has passed for treated commodities
to clear the channels of trade, EPA is establishing an expiration date
of August 26, 2026 for these tolerances, for import purposes.
Since all tolerances for residues of pyrazon will remain in the CFR
and will be revoked only after passage of the expiration date, the
Agency is incorporating OECD rounding class practices by modifying
tolerance values to remove trailing zeros.
E. 40 CFR 180.361; Pendimethalin
EPA is finalizing its proposal to remove the tolerances for
residues of pendimethalin in or on ``Bermuda grass, forage'' and
``Bermuda grass, hay'', which have expired.
F. 40 CFR 180.430; Fenoxaprop-Ethyl; Case 7209 (Docket ID No. EPA-HQ-
OPP-2007-0437)
EPA is finalizing its proposal to revoke the tolerance for residues
of fenoxaprop-ethyl in or on ``Peanut, hulls''. The Agency no longer
considers peanut hulls to be a significant livestock feed item;
therefore, the tolerance is no longer needed. EPA is establishing an
expiration date of August 26, 2026 for this tolerance.
EPA is finalizing its proposal to modify the tolerance for soybean
by revising the commodity definition from ``Soybean'' to ``Soybean,
seed'' to be consistent with the Agency's commodity vocabulary.
EPA is finalizing its proposal to remove the tolerances for
``Grass, forage'' and ``Grass, hay'', which have expired.
EPA is not finalizing its proposal to adjust the rounding of the
existing tolerance value for residues in or on ``Barley, straw'' due to
the Agency's 2019 adoption of the OECD rounding class practice.
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 fenoxaprop-ethyl residues.
Therefore, EPA has determined that the tolerance changes for residues
of fenoxaprop-ethyl are safe and adequate enforcement methodology is
available.
G. 40 CFR 180.463; Quinclorac; Case 7222 (Docket ID No. EPA-HQ-OPP-
2007-1135)
EPA is finalizing its proposal to revoke the tolerance for residues
of quinclorac in or on ``Grain, aspirated fractions''. EPA is
establishing an expiration date of August 26, 2026 for this tolerance.
EPA is finalizing its proposal to decrease the tolerances for
residues of quinclorac in or on ``Poultry, meat byproducts'' from 0.1
to 0.05 ppm; ``Hog, fat'' from 0.7 to 0.05 ppm; and ``Hog, meat
byproducts'' from 1.5 to 0.05 ppm. The decrease in tolerances for these
livestock commodities is a result of submitted data and the
recalculated dietary burdens for livestock. The data support the
current limit of quantitation (LOQ) tolerance of 0.05 ppm for these
commodities. EPA is establishing an expiration date of August 26, 2026
for these tolerances.
[[Page 9725]]
EPA is finalizing its proposal to add a footnote for ``Barley,
grain'' to indicate there are no U.S. registrations for this use.
EPA is finalizing its proposal to remove the tolerance for
``Cranberry'', which has expired.
EPA is not finalizing its proposal to adjust the rounding of the
existing tolerance value for residues in or on ``Cattle, fat''; ``Goat,
fat''; ``Horse, fat''; and ``Sheep, fat''; for ``Rhubarb''; ``Wheat,
grain''; and ``Wheat, hay''; and for ``Wheat, straw''. Tolerance levels
in the proposed rule included trailing zeroes. The values being
finalized will not include these trailing zeroes due to the Agency's
2019 adoption of the OECD rounding class practice.
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 quinclorac residues. Therefore,
EPA has determined that the tolerance changes for residues of
quinclorac are safe and adequate enforcement methodology is available.
H. 40 CFR 180.476; Triflumizole; Case 7003 (Docket ID No. EPA-HQ-OPP-
2006-0115)
EPA is finalizing its proposal to modify the commodity definition
from ``Cilantro, leaves'' to ``Cilantro, fresh leaves'' to be
consistent with the Agency's commodity vocabulary.
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 triflumizole residues. Therefore,
EPA has determined that the tolerance change for residues of
triflumizole is safe and adequate enforcement methodology is available.
I. 40 CFR 180.500; Imazapyr; Case 3078 (Docket ID No. EPA-HQ-OPP-2014-
0200)
EPA is finalizing its proposal to modify the tolerances for
residues of imazapyr in or on ``Cattle, kidney''; ``Goat, kidney'';
Horse, kidney''; and ``Sheep, kidney'' from 0.20 to 0.3 ppm. Although
the Agency proposed to increase the tolerances to 0.30 ppm, EPA is
finalizing the tolerances at 0.3 ppm consistent with the Agency's 2019
adoption of the OECD rounding class practice.
EPA is not finalizing its proposal to adjust the rounding of the
existing tolerance value for residues in or on ``Lentil''. The
tolerance level in the proposed rule included trailing a zero. The
value being finalized will not include this trailing zero due to the
Agency's 2019 adoption of the OECD rounding class practice.
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 imazapyr residues. Therefore, EPA
has determined that the tolerance changes for residues of imazapyr are
safe and adequate enforcement methodology is available.
J. 40 CFR 180.566; Fenpyroximate
EPA is not finalizing its proposal to remove the expired tolerance
for residues of fenpyroximate in or on ``Honey'' in this rule, because
this action was separately finalized on June 18, 2020 (85 FR 36755)
(FRL-10009-14).
K. 40 CFR 180.582; Pyraclostrobin
EPA is not finalizing its proposal to remove the expired tolerance
for residues of pyraclostrobin in or on ``Endive, Belgium'' in this
rule, because this action was separately finalized on August 21, 2023
(88 FR 56773) (FRL-10953-01).
L. 40 CFR 180.589; Boscalid
EPA is finalizing its proposal to remove the tolerance for residues
of boscalid in or on ``Endive, Belgian'', which has expired.
M. 40 CFR 180.595; Flufenpyr-Ethyl; Case 7262 (Docket ID No. EPA-HQ-
OPP-2014-0768)
EPA is finalizing its proposal to revoke all tolerances for
residues of flufenpyr-ethyl. These tolerances are no longer needed as
there are no U.S. registrations for use of flufenpyr-ethyl on food
commodities, and EPA received no comments indicating the need to retain
the tolerances for import purposes. EPA is establishing an expiration
date of August 26, 2026 for these tolerances.
N. 40 CFR 180.601; Cyazofamid
EPA is not finalizing its proposal to remove the expired tolerance
for residues of cyazofamid in or on ``Basil, dried'' in this rule,
because this action was separately finalized on March 18, 2020 (85 FR
15387) (FRL-10005-85).
O. 40 CFR 180.607; Spiromesifen
EPA is finalizing its proposal to remove the tolerances for
residues of spiromesifen in or on ``Soybean, forage''; ``Soybean,
hay''; and ``Soybean, seed'', which have all expired.
P. 40 CFR 180.637; Mandipropamid
The Agency is finalizing its proposal to remove the tolerance for
``Basil, dried'', which has expired.
IV. Effective and Expiration Date(s)
These tolerance actions are effective on the date of publication of
the final rule in the Federal Register. For actions in the final rule
that lower or revoke existing tolerances, EPA has set an expiration
date for the existing tolerance of six 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 World
Trade Organization's (WTO) Sanitary and Phytosanitary (SPS) Measures
Agreement to adapt to the requirements.
V. 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.
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 tolerance revocations.
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)
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
[[Page 9726]]
number of small entities because the action has no net burden on small
entities subject to this rulemaking. As discussed in the Final Rule,
this determination takes into account several EPA analyses of potential
small entity impact for tolerance actions. EPA did not receive any
comments about the Agency's determination for this rulemaking.
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 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.
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 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 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>.
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 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: February 20, 2026.
Edward Messina,
Director, Office of Pesticide Programs.
For the reasons set forth 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.
Sec. 180.175 [Removed]
0
2. Remove Sec. 180.175.
Sec. 180.182 [Removed]
0
3. Remove Sec. 180.182.
Sec. 180.298 [Removed]
0
4. Remove Sec. 180.298.
0
5. Revise Sec. 180.316 to read as follows:
Sec. 180.316 Pyrazon; tolerances for residues.
(a) General. Tolerances are established for combined residues of
the herbicide pyrazon (5-amino-4-chloro-2-phenyl-3(2H)-pyridazinone)
and its metabolites (calculated as pyrazon) in or on the commodities in
Table 1 to paragraph (a).
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Beet, garden, roots \1\..................................... 0.9
Beet, garden, tops \1\...................................... 7
Beet, sugar, molasses \1\................................... 1.5
Beet, sugar, roots \1\...................................... 0.2
Beet, sugar, tops \1\....................................... 3
Cattle, fat \1\............................................. 0.1
Cattle, liver \1\........................................... 0.15
Cattle, meat \1\............................................ 0.1
Cattle, meat byproducts, except liver \1\................... 0.1
Goat, fat \1\............................................... 0.1
Goat, liver \1\............................................. 0.15
Goat, meat \1\.............................................. 0.1
Goat, meat byproducts, except liver \1\..................... 0.1
Horse, fat \1\.............................................. 0.1
Horse, liver \1\............................................ 0.15
Horse, meat \1\............................................. 0.1
Horse, meat byproducts, except liver \1\.................... 0.1
Milk \1\.................................................... 0.02
Sheep, fat \1\.............................................. 0.1
Sheep, liver \1\............................................ 0.15
Sheep, meat \1\............................................. 0.1
Sheep, meat byproducts, except liver \1\.................... 0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations. This tolerance expires on August
26, 2026.
(b) [Reserved]
(c) [Reserved]
(d) Indirect or inadvertent residues. Tolerances are established
for combined residues of the herbicide pyrazon, 5-amino-4-chloro-2-
phenyl-3(2H)-pyridazinone, and its metabolites (calculated as pyrazon),
in or on the commodities in Table 2 to paragraph (d).
Table 2 to Paragraph (d)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Corn, field, forage \1\..................................... 0.5
Corn, field, stover \1\..................................... 0.5
Soybean, forage \1\......................................... 0.5
Soybean, hay \1\............................................ 0.5
Wheat, forage \1\........................................... 0.3
Wheat, hay \1\.............................................. 0.2
Wheat, straw \1\............................................ 0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations. This tolerance expires on August
26, 2026.
Sec. 180.361 [Amended]
0
6. Amend Sec. 180.361 by:
[[Page 9727]]
0
a. Designating the table in paragraph (a)(2) as ``Table 2 to paragraph
(a)(2)''; and
0
b. Removing and reserving paragraph (b).
0
7. Amend Sec. 180.430 by:
0
a. Designating the table in paragraph (a) as ``Table 1 to paragraph
(a)'';
0
b. In newly designated table 1:
0
i. Revising the entry for ``Peanut, hulls'';
0
ii. Removing the entry ``Soybean'';
0
iii. Adding the entry ``Soybean, seed'';
0
c. Removing and reserving paragraph (b); and
0
d. Designating the table in paragraph (c) as ``Table 2 to paragraph
(c)''.
The revisions and additions read as follows:
Sec. 180.430 Fenoxaprop-ethyl; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Peanut, hulls \1\........................................... 0.05
* * * * *
Soybean, seed............................................... 0.05
* * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on August 26, 2026.
* * * * *
0
8. Amend Sec. 180.463 by:
0
a. Revising table 1 to paragraph (a)(1);
0
b. Designating the table in paragraph (a)(2) as ``Table 2 to paragraph
(a)(2)''; and
0
c. Removing and reserving paragraph (b).
The revisions and additions read as follows:
Sec. 180.463 Quinclorac; tolerances for residues.
(a)
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Asparagus................................................... 0.08
Barley, grain \1\........................................... 2
Berry, low growing, except strawberry, subgroup 13-07H...... 1.5
Bushberry subgroup 13-07B................................... 0.08
Caneberry subgroup 13-07A................................... 0.08
Cattle, fat................................................. 0.7
Cattle, meat................................................ 0.05
Cattle, meat byproducts..................................... 1.5
Egg......................................................... 0.05
Goat, fat................................................... 0.7
Goat, meat.................................................. 0.05
Goat, meat byproducts....................................... 1.5
Grain, aspirated fractions \2\.............................. 1200
Grass, forage............................................... 150
Grass, hay.................................................. 130
Hog, fat \2\................................................ 0.7
Hog, fat.................................................... 0.05
Hog, meat................................................... 0.05
Hog, meat byproducts \2\.................................... 1.5
Hog, meat byproducts........................................ 0.05
Horse, fat.................................................. 0.7
Horse, meat................................................. 0.05
Horse, meat byproducts...................................... 1.5
Milk........................................................ 0.05
Poultry, fat................................................ 0.05
Poultry, meat............................................... 0.05
Poultry, meat byproducts \2\................................ 0.1
Poultry, meat byproducts.................................... 0.05
Rhubarb..................................................... 0.5
Rice, bran.................................................. 30
Rice, grain................................................. 10
Sheep, fat.................................................. 0.7
Sheep, meat................................................. 0.05
Sheep, meat byproducts...................................... 1.5
Sorghum, grain, forage...................................... 3
Sorghum, grain, grain....................................... 6
Sorghum, grain, stover...................................... 1
Wheat, forage............................................... 1
Wheat, germ................................................. 0.75
Wheat, grain................................................ 0.5
Wheat, hay.................................................. 0.5
Wheat, straw................................................ 0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations.
\2\ This tolerance expires on August 26, 2026.
* * * * *
0
9. Amend Sec. 180.476 by:
0
a. Designating the table in paragraph (a)(1) as ``Table 1 to paragraph
(a)(1)'';
0
b. In newly designated table 1:
0
i. Removing the entry ``Cilantro, leaves'';
0
ii. Adding the entry ``Cilantro, fresh leaves''; and
0
b. designating the table in paragraph (a)(2) as ``Table 2 to paragraph
(a)(2.
The revisions and additions read as follows:
Sec. 180.476 Triflumizole; tolerances for residues.
(a) * * *
(1) * * *
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Cilantro, fresh leaves...................................... 35
* * * * *
------------------------------------------------------------------------
* * * * *
0
10. In Sec. 180.500 in paragraph (a) amend table 1 by revising the
entries for ``Cattle, kidney''; ``Goat, kidney''; Horse, kidney''; and
``Sheep, kidney'' to read as follows:
Sec. 180.500 Imazapyr; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Cattle, kidney.............................................. 0.3
* * * * *
Goat, kidney................................................ 0.3
* * * * *
Horse, kidney............................................... 0.3
* * * * *
Sheep, kidney............................................... 0.3
* * * * *
------------------------------------------------------------------------
* * * * *
Sec. 180.589 [Amended]
0
11. Amend Sec. 180.589 by:
0
a. Designating the table in paragraph (a)(1) as ``Table 1 to paragraph
(a)(1);
0
b. Designating the table in paragraph (a)(2) as ``Table 2 to paragraph
(a)(2)'';
0
c. Removing and reserving paragraph (b); and
0
d. Designating the table in paragraph (d) as ``Table 3 to paragraph
(d)''.
0
12. Amend Sec. 180.595 by revising paragraph (a) to read as follows:
Sec. 180.595 Flufenpyr-ethyl; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
herbicide, flufenpyr-ethyl; acetic acid, [2-chloro-4-fluoro-5-[5-
methyl-6-oxo-4-(trifluoromethyl)-1-(6H)-pyridazinyl]-phenoxy]-ethyl
ester], in or on the commodities in Table 1 to paragraph (a)(1).
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Corn, field, grain \1\...................................... 0.01
Soybean, seed \1\........................................... 0.01
Sugarcane, cane \1\......................................... 0.01
------------------------------------------------------------------------
\1\ This tolerance expires on August 26, 2026.
(2) Tolerances are established for residues of the herbicide
flufenpyr-ethyl; acetic acid, [2-chloro-4-fluoro-5-[5-methyl-6-oxo-4-
(trifluoromethyl)-1-(6H)-pyridazinyl]-phenoxy]-ethyl ester], and its
metabolite, S-3153 acid-4-OH; [2-chloro-4-hydroxy-5-[5-methyl-6- oxo-
[[Page 9728]]
4-(trifluoromethyl)-1-(6H)-pyridazinyl]-phenoxy]-acetic acid, free and
conjugated, in or on the commodities in Table 2 to paragraph (a)(2).
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Corn, field, forage \1\..................................... 0.05
Corn, field, stover \1\..................................... 0.05
------------------------------------------------------------------------
\1\ This tolerance expires on August 26, 2026.
* * * * *
Sec. 180.607 [Amended]
0
13. Amend Sec. 180.607 by:
0
a. Designating the table in paragraph (a)(2) as ``Table 2 to paragraph
(a)(2)'';
0
b. Removing and reserving paragraph (b); and
0
c. Designating the table in paragraph (d) as ``Table 3 to paragraph
(d)''.
Sec. 180.637 [Amended].
0
14. Amend Sec. 180.637 by removing and reserving paragraph (b).
0
15. Add Sec. 180.1349 to Subpart D.
The addition reads as follows:
Sec. 180.1349 Maleic hydrazide; exemption from the requirement of a
tolerance.
An exemption from the requirement of a tolerance is established for
residues of the pesticide maleic hydrazide, including its metabolites
and degradates, when used as a plant growth regulator or herbicide.
[FR Doc. 2026-03942 Filed 2-26-26; 8:45 am]
BILLING CODE 6560-50-P
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