Rule2026-11940
Pydiflumetofen; 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
June 15, 2026
Effective
June 15, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes tolerances for residues of pydiflumetofen (CASRN 1228284-64-7) in or on the food and feed commodities of sugarcane, cane. Under the Federal Food, Drug, and Cosmetic Act (FFDCA), Syngenta Crop Protection, LLC, submitted a petition to EPA requesting that EPA establish a maximum permissible level for residues of this pesticide in or on the identified commodities.
Full Text
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<title>Federal Register, Volume 91 Issue 114 (Monday, June 15, 2026)</title>
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[Federal Register Volume 91, Number 114 (Monday, June 15, 2026)]
[Rules and Regulations]
[Pages 35888-35892]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11940]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2025-0183; FRL-13308-01-OCSPP]
Pydiflumetofen; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
pydiflumetofen (CASRN 1228284-64-7) in or on the food and feed
commodities of sugarcane, cane. Under the Federal Food, Drug, and
Cosmetic Act (FFDCA), Syngenta Crop Protection, LLC, submitted a
petition to EPA requesting that EPA establish a maximum permissible
level for residues of this pesticide in or on the identified
commodities.
DATES: This regulation is effective on June 15, 2026. Objections and
requests for hearings must be received on or before August 14, 2026 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of this document).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2025-0183, 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, Registration Division
(7505T), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-1030; email address: <a href="/cdn-cgi/l/email-protection#5e0c1a180c10312a373d3b2d1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="cb998f8d9985a4bfa2a8aeb88baebbaae5aca4bd">[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
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(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 docket ID number EPA-HQ-
OPP-2025-0183 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 August 14, 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
[[Page 35889]]
other procedural rules governing those proceedings. See ``Order Urging
Electronic Filing and Service,'' dated December 3, 2025, which can be
found at <a href="https://www.epa.gov/system/files/documents/2025-12/2025-12-03-order-urging-electronic-filing-and-service.pdf">https://www.epa.gov/system/files/documents/2025-12/2025-12-03-order-urging-electronic-filing-and-service.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>.
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 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 September 5, 2025 (90 FR 42896) (FRL-
12474-06-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 4F9138) by Syngenta Crop Protection, LLC, P.O. Box 18300,
Greensboro, NC 27419. The petition requested that 40 CFR part 180 be
amended by establishing tolerances for residues of the fungicide
pydiflumetofen, (3-(difluoromethyl)-Nmethoxy-1-methyl-N-[1-methyl-2-
(2,4,6-trichlorophenyl)ethyl]-1H-pyrazole-4-carboxamide), in or on
sugarcane at 0.05 ppm. That document referenced a summary of the
petition prepared by Syngenta Crop Protection, LLC, the registrant,
which is available in the docket, <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Three
comments were received on the notice of filing. EPA's response to these
comments is discussed in Unit IV.D. EPA has modified the commodity
definition from sugarcane to sugarcane, cane.
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 pydiflumetofen including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with pydiflumetofen
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 of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking, and EPA considers referral back to those sections
as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
EPA has previously published several tolerance rulemakings for
pydiflumetofen in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to pydiflumetofen and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections from these rulemakings as described
further in this rulemaking, as they remain unchanged. These sections
include toxicological profile, toxicological points of departure/levels
of concern, exposure assessment, cancer, dietary exposure of drinking
water, safety factor for infants and children, aggregate risk and
determination of safety, chronic risk and analytical enforcement
methodology. The risk assessment published in support of this
rulemaking is ``Pydiflumetofen. Human Health Risk Assessment to Support
a Tolerance for Indirect or Inadvertent Residues in/on Sugarcane and a
Label Amendment to Add a Soil Use for Cottonseed subgroup 20C, Leafy
greens subgroup 4-16A, and Vegetable, fruiting, group 8-10'' which is
available in the docket for this action at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
B. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by pydiflumetofen as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in the
final rule published in the Federal Register of August 19, 2019 (84 FR
155) (FRL-9997-09). The Hazard and Science Policy Council (HASPOC)
recommended a waiver for the requirement for the subchronic
neurotoxicity (SCN) and immunotoxicity studies. (HASPOC, M. Lewis, TXR
0057659, 12/22/2017). Based on a weight of evidence approach
considering all the available hazard and exposure information, the
HASPOC later also recommended a subchronic inhalation study be waived
(HASPOC, Z. Staley, TXR 0058378, 10/05/2022).
C. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the
[[Page 35890]]
dose at which no adverse effects are observed (the NOAEL) and the
lowest dose at which adverse effects of concern are identified (the
LOAEL). Uncertainty/safety factors are used in conjunction with the POD
to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see <a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides</a>.
A summary of the toxicological endpoints for pydiflumetofen used
for human risk assessment is discussed in Unit III.B. of the final rule
published in the Federal Register of May 24, 2018 (83 FR 101) (FRL-
9976-66). All endpoints remain unchanged from the referenced Federal
Register except for the reduction of the dermal absorption factor (DAF)
from 17% to 5% which is applied to the dermal endpoint. For more
information on this change see the risk assessment supporting that
rulemaking ``Pydiflumetofen. Human Health Risk Assessment to Support
Tolerance without U.S. Registrations for Coffee, Green Bean, and Dragon
Fruit'' which is available in docket EPA-HQ-OPP-2024-0502 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
D. Exposure Assessment
In evaluating dietary exposure to pydiflumetofen, EPA considered
exposure under the petitioned-for tolerances as well as all existing
pydiflumetofen tolerances in 40 CFR 180.699. EPA assessed dietary
exposures from pydiflumetofen in food as follows:
1. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. The exposure assessment
remains the same; for a description of the EPA approach to and
assumptions for the exposure assessment, please reference Unit III.C of
the August 12, 2019, rulemaking.
2. Dietary exposure from food and feed uses. EPA's dietary exposure
assessments have been updated to include the additional exposure from
the new use on sugarcane. The chronic and acute dietary (food and
drinking water) exposure and risk assessment were conducted using the
Dietary Exposure Evaluation Model software with the Food Commodity
Intake Database (DEEM-FCID) Version 4.02, which uses the 2005-2010 food
consumption data from the U.S. Department of Agriculture's (USDA's)
National Health and Nutrition Examination Survey, What We Eat in
America (NHANES/WWEIA). The chronic and acute dietary risk assessments
were partially refined, assuming tolerance-level residue values, 100%
crop treated (100 PCT) for all commodities, and default processing
factors, when empirical processing factors were not available. The
assessment is considered partially refined due to the use of empirical
processing factors.
3. Cancer. EPA determines whether quantitative cancer exposure and
risk assessments are appropriate for a food-use pesticide based on the
weight of the evidence from cancer studies and other relevant data. If
quantitative cancer risk assessment is appropriate, Cancer risk may be
quantified using a linear or nonlinear approach. If sufficient
information on the carcinogenic mode of action is available, a
threshold or nonlinear approach is used and a cancer RfD is calculated
based on an earlier noncancer key event. If carcinogenic mode of action
data are not available, or if the mode of action data determines a
mutagenic mode of action, a default linear cancer slope factor approach
is utilized. As discussed in Unit III.A. of the 2019 Final Rule, EPA
has concluded that pydiflumetofen should be classified as ``Not Likely
to be Carcinogenic to Humans'' at doses that do not induce a
proliferative response in the liver. This determination has remained
unchanged.
4. Dietary exposure from drinking water. The new use on sugarcane
does not result in an increase in the estimated residue levels in
drinking water, so EPA used the same estimated drinking water
concentrations identified in Unit IV. C of the 2019 rulemaking.
5. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). For this action there
are no residential exposures anticipated. As such, there is no
quantitative residential post-application exposure assessment
associated specifically with this action. For further discussion
regarding non-dietary exposure see the risk assessment
``Pydiflumetofen. Human Health Risk Assessment to Support Tolerance
without U.S. Registrations for Coffee, Green Bean, and Dragon Fruit''
which is available in docket EPA-HQ-OPP-2024-0502 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at <a href="http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide">http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide</a>.
6. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' Unlike other pesticides for
which EPA has followed a cumulative risk approach based on a common
mechanism of toxicity, EPA has not made a common mechanism of toxicity
finding as to pydiflumetofen and any other substances. For the purposes
of this action, therefore, EPA has not assumed that pydiflumetofen has
a common mechanism of toxicity with other substances.
E. Safety Factor for Infants and Children
1. In general. 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 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.
2. Prenatal and postnatal sensitivity. There was no evidence of
fetal sensitivity or toxicity in rat and rabbit developmental studies;
however, quantitative offspring sensitivity was noted in the 2-
generation reproduction study. Pup body-weight depression starting on
day 4 of lactation and persisting into adulthood was observed at doses
that did not elicit an adverse response in the parental rats. Although
body weight was depressed in these animals after maturity and during
the mating and post-mating period
[[Page 35891]]
(specifically in males), it was considered evidence of offspring
susceptibility because the lower body weight was a result of impaired
growth in the pups. Reduced pup weight, reduced litter size, and
increased liver and spleen weight in offspring was also noted following
prenatal and perinatal exposure to the pydiflumetofen metabolite,
2,4,6-trichlorophenol. PODs were selected for each exposure scenario to
be protective of the parent and metabolite offspring toxicity and
offspring susceptibility in the risk evaluation.
3. Conclusion. EPA continues to conclude that there are reliable
data to support the reduction of the FQPA safety factor from 10X to 1X.
See Unit III.D. of August 12, 2019, rulemaking for a discussion on 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 aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
1. Acute risk. Using the exposure assumptions discussed in Unit
III.C. for acute exposure, the acute dietary exposure from food and
water to pydiflumetofen will occupy 9.0% of the aPAD for children 3-5
years old, the population group receiving the greatest exposure.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
pydiflumetofen from food and water will utilize 29% of the cPAD for
children 1-2 years old, the population group receiving the greatest
exposure. Based on the explanation in Unit III.C.3., regarding
residential use patterns, chronic residential exposure to residues of
pydiflumetofen is not expected.
3. Short-term risk- and intermediate. Short-term aggregate exposure
takes into account short-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Pydiflumetofen is currently registered for uses that could
result in short-term residential exposure, and the Agency has
determined that it is appropriate to aggregate chronic exposure through
food and water with short-term residential exposures to pydiflumetofen.
Using the exposure assumptions described in Unit III.C. for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in aggregate MOEs of 800 for adults,
1200 for children 6 to less than 11 years old, and 2600 for children 11
to less than 16 years old. Because EPA's level of concern for
pydiflumetofen is a MOE of 100 or below, these MOEs are not of concern.
4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Because no intermediate-term adverse effect was identified,
pydiflumetofen is not expected to pose an intermediate-term risk.
5. Aggregate cancer risk for U.S. population. Based on its cancer
classification, a cancer aggregate assessment is not required for
pydiflumetofen. The chronic reference dose is protective of all chronic
toxicity, including carcinogenicity, resulting from exposure to
pydiflumetofen and its metabolite 2,4,6-trichlorphenol.
6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to pydiflumetofen 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
``Pydiflumetofen. Human Health Risk Assessment to Support a Tolerance
for Indirect or Inadvertent Residues in/on Sugarcane and a Label
Amendment to Add a Soil Use for Cottonseed subgroup 20C, Leafy greens
subgroup 4-16A, and Vegetable, fruiting, group 8-10.'' in docket ID
number EPA-HQ-OPP-2025-0183.
IV. Other Considerations
A. Analytical Enforcement Methodology
For a discussion of the available analytical enforcement method,
see Unit IV.A. of the August 12, 2019, rulemaking.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The 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 a MRL for uses of pydiflumetofen on
sugarcane.
C. Effective and Expiration Date(s)
In general, a tolerance action is 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 will set
an expiration date for the existing tolerance of six months after the
date of publication of the final rule in the Federal Register, in order
to allow a reasonable interval for producers in exporting members of
the World Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS)
Measures Agreement to adapt to the requirements.
D. Response to Comments
EPA received three comments in response to the September 5, 2025,
Notice of Filing, which summarized the agency's tolerance petition
process. Two comments were identical, where the second comment was a
duplicate of the original comment. The original comment raised
questions about the residue level on food but was not accompanied by
any substantiation nor data supporting a conclusion that the tolerances
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. A third comment was received but was
irrelevant to the current petition.
V. Conclusion
Therefore, tolerances are established for residues of
pydiflumetofen, in or on sugarcane, cane at 0.05 ppm.
[[Page 35892]]
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.
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: June 9, 2026.
Charles Smith,
Director, Registration Division, 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.
0
2. In Sec. 180.699 amend Table 2 to paragraph (d) by adding the entry
for ``sugarcane, cane'' in alphabetical order to read as follows:
Sec. 180.699 Pydiflumetofen; tolerances for residues.
* * * * *
(d) * * *
Table 2 to Paragraph (d)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Sugarcane, cane............................................ 0.05
------------------------------------------------------------------------
[FR Doc. 2026-11940 Filed 6-12-26; 8:45 am]
BILLING CODE 6560-50-P
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