[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61259-61267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21719]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0336; FRL-9525-01-OCSPP]


Methoxyfenozide; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

[[Page 61260]]


ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes tolerances for residues of 
methoxyfenozide in or on multiple crops detailed later in this 
document. The Interregional Research Project Number 4 (IR-4) requested 
these tolerances under the Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: This regulation is effective October 11, 2022. Objections and 
requests for hearings must be received on or before December 12, 2022, 
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-2020-0336, is available at 
https://www.regulations.gov or at the Office of Pesticide Programs 
Regulatory Public Docket (OPP Docket) in the Environmental Protection 
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg, Rm. 
3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room and the OPP Docket is (202) 566-1744. For the latest 
status information on EPA/DC services and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting 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: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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:

 Crop production (NAICS code 111).
 Animal production (NAICS code 112).
 Food manufacturing (NAICS code 311).
 Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Office of the 
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

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. 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-2020-0336 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 
December 12, 2022. Addresses for mail and hand delivery of objections 
and hearing requests are provided in 40 CFR 178.25(b).
    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. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2020-0336, by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
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.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of September 30, 2020 (85 FR 61681) (FRL-
10014-74) 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 
0E8833) by IR-4, North Carolina State University, 1730 Varsity Drive, 
Venture IV, Suite 210, Raleigh, NC 27606. The petition requested that 
40 CFR 180.544 be amended by establishing tolerances for residues of 
the insecticide, methoxyfenozide, including its metabolites and 
degradates. Compliance with the tolerance levels is to be determined by 
measuring only methoxyfenozide (3-methoxy-2-methylbenzoic acid 2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide) in or on multiple 
commodities that are listed out in the petition and in the regulatory 
text. That document referenced a summary of the petition submitted by 
IR-4, the petitioner, which is available in the docket, https://www.regulations.gov. A comment was received in response to the notice 
of filing; however, it was unrelated to methoxyfenozide specifically or 
to pesticides in general.
    Based upon review of the data supporting the petition, EPA is 
establishing some tolerances at different levels than petitioned for 
and many of the commodity definitions have been modified as well. A 
discussion of these modifications can be found in section IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue . . 
. .''

[[Page 61261]]

    Consistent with FFDCA section 408(b)(2)(D), and the factors 
specified therein, EPA has reviewed the available scientific data and 
other relevant information in support of this action. EPA has 
sufficient data to assess the hazards of, and to make a determination 
on, aggregate exposure for methoxyfenozide, including exposure 
resulting from the tolerances established by this action. EPA's 
assessment of exposures and risks associated with methoxyfenozide 
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 rulemaking 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 a tolerance rulemaking for 
methoxyfenozide in which EPA concluded, based on the available 
information, that there is a reasonable certainty that no harm would 
result from aggregate exposure to methoxyfenozide and established 
tolerances for residues of that chemical. EPA is incorporating 
previously published sections from that rulemaking as described further 
in this rulemaking, as they remain unchanged.
    Toxicological profile. For a discussion of the Toxicological 
Profile of methoxyfenozide, see Unit III.A. of the methoxyfenozide 
tolerance rulemaking published in the Federal Register of March 12, 
2019 (84 FR 8820) (FRL-9985-06).
    Toxicological points of departure/Levels of concern. For a summary 
of the Toxicological Points of Departure/Levels of Concern for 
methoxyfenozide used for human risk assessment, please reference Unit 
III.B. of the March 12, 2019, rulemaking.
    Exposure assessment. The exposure assessment has been updated to 
include the new regional use on rice and the crop group expansions and 
conversions but uses the same previous assumptions of tolerance level 
residues and 100 percent crop treated (PCT). For a description of the 
previous approach to and assumptions for the exposure assessment, 
please reference Unit III.C. of the March 12, 2019, rulemaking.
    Drinking water exposure. EPA has revised the methoxyfenozide 
drinking water assessment since the March 12, 2019, rulemaking to 
reflect the new regional use on rice. Based on the Tier 1 Rice Model, 
the new estimated drinking water concentration for the chronic dietary 
assessment is 232 ppb.
    Non-occupational exposure. Lastly, the residential assessment has 
also been updated to reflect current Agency policy. In the March 12, 
2019, rulemaking, a residential assessment was conducted. However, the 
Agency now assumes that when labels require specific clothing and/or 
personal protective equipment (PPE) such products are not for 
residential use. The methoxyfenozide label requires specific clothing 
and/or PPE; therefore, the Agency has made the assumption that the 
registered methoxyfenozide labels are not intended for use by 
residential handlers and a quantitative residential handler assessment 
has not been conducted. The approach to assessing post-application 
exposure is the same as described in Unit III.C.3 of the March 12, 
2019, rulemaking.
    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.'' In 2016, EPA's Office of 
Pesticide Programs released a guidance document entitled Pesticide 
Cumulative Risk Assessment: Framework for Screening Analysis (https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/pesticide-cumulative-risk-assessment-framework). This document provides guidance 
on how to screen groups of pesticides for cumulative evaluation using a 
two-step approach beginning with the evaluation of available 
toxicological information and if necessary, followed by a risk-based 
screening approach. This framework supplements the existing guidance 
documents for establishing common mechanism groups (CMGs) and 
conducting cumulative risk assessments (CRA).
    The Agency used this framework for methoxyfenozide and determined 
that the diazylhydrazine class of insecticides (methoxyfenozide, 
halofenozide and tebufenozide) form a candidate CMG. This group of 
pesticides is considered a candidate CMG because there is sufficient 
toxicological data to suggest a common mechanism of toxicity. Following 
this determination, the Agency conducted a screening-level cumulative 
risk assessment consistent with the 2016 guidance document. This 
assessment included only methoxyfenozide and tebufenozide since there 
are no registered uses for halofenozide. The Agency has updated the 
cumulative dietary and residential aggregate exposure estimates for 
methoxyfenozide and tebufenozide to take into account the new regional 
use on rice and crop group expansions and conversions for 
methoxyfenozide. The updated assessment indicates that cumulative 
dietary and aggregate exposures for methoxyfenozide and tebufenozide 
are not of concern. For more information see Appendix F of the document 
titled ``Methoxyfenozide. Human Health Risk Assessment for the Petition 
to Establish Permanent Tolerances, and Associated Section 3 
Registration, for Residues Resulting from Use of the Insecticide on 
Rice, and Crop Group Conversions and Expansions'' in docket ID number 
EPA-HQ-OPP-2020-0336.
    Safety factor for infants and children. EPA continues to conclude 
that there are reliable data to support the reduction of the Food 
Quality Protection Act (FQPA) safety factor from 10X to 1X. See Unit 
III.D. of the March 12, 2019, rulemaking for a discussion of the 
Agency's rationale for that determination.
    Aggregate risks and determination of safety. EPA determines whether 
acute and chronic dietary pesticide exposures are safe by comparing 
aggregate 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 aggregate food, water, and residential exposure to the 
appropriate points of departure to ensure that an adequate margin of 
exposure (MOE) exists. For linear cancer risks, EPA calculates the 
lifetime probability of acquiring cancer given the estimated aggregate 
exposure.
    An acute dietary risk assessment was not needed for methoxyfenozide 
since no toxic effects attributable to a single dose were identified in 
the toxicity database. Chronic dietary risks are below the Agency's 
level of concern of 100% of the cPAD; they are 80% of the cPAD for 
children 1 to 2 years old, the group with the highest exposure. There 
are currently no residential handler uses for methoxyfenozide, and none 
are pending before the Agency. Therefore short- and intermediate-term 
exposure to methoxyfenozide is not expected and the short- and 
intermediate-term risk is equivalent to the chronic dietary risk, which 
is not of concern. Methoxyfenozide is classified as ``Not Likely to Be 
Carcinogenic to Humans'';

[[Page 61262]]

therefore, EPA does not expect methoxyfenozide exposures to pose an 
aggregate cancer risk.
    Determination of safety. 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 methoxyfenozide 
residues. More detailed information on this action can be found in the 
document titled ``Methoxyfenozide. Human Health Risk Assessment for the 
Petition to Establish Permanent Tolerances, and Associated Section 3 
Registration, for Residues Resulting from Use of the Insecticide on 
Rice, and Crop Group Conversions and Expansions'' in docket ID EPA-HQ-
OPP-2020-0336.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method, 
see Unit IV.A. of the March 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 tolerance for Cottonseed subgroup 20C is set at 7 ppm to 
harmonize with the Codex MRL. In addition, although EPA has not yet 
implemented the new subgroups to replace the established subgroups 6A, 
6B, and 6C, the tolerances for each of the individual commodities that 
will fall under the future subgroups 6-22A, 6-22B, 6-22C, 6-22D, 6-22E, 
and 6-22F, are harmonized with Codex, except for ``pea, black-eyed, 
seed'' and ``pea, southern, seed,'' which have existing, higher MRLs 
that are not being modified. Tolerances for commodities that will be in 
future subgroups 6-22A and 6-22B are set at 2 ppm, and those in future 
subgroups 6-22C and 6-22D are set at 0.3 ppm to harmonize with Codex. 
The Agency is not harmonizing with Codex by setting higher tolerances 
for Field pea (Codex-5 ppm) and Cowpea (Codex-3 ppm) as the increase 
would be too great and is not supported by previously submitted data.
    There are additional commodities covered by this rule that are not 
harmonized with Codex. The explanation for the deviations can be found 
in Appendix E of the document titled ``Methoxyfenozide. Human Health 
Risk Assessment for the Petition to Establish Permanent Tolerances, and 
Associated Section 3 Registration, for Residues Resulting from Use of 
the Insecticide on Rice, and Crop Group Conversions and Expansions'' in 
docket ID number EPA-HQ-OPP-2020-0336.

C. Revisions to Petitioned-For Tolerances

    FFDCA section 408(d)(4)(A)(i) permits the Agency to finalize a 
tolerance that varies from that sought by the petition. The proposed 
tolerance on Rice, straw is not being established because the Agency no 
longer considers it a significant livestock feed item. EPA is 
establishing some tolerances at different levels than petitioned-for to 
be consistent with Organization for Economic Co-operation and 
Development (OECD) rounding practice. EPA is not establishing a 
tolerance for edible podded pea, edible podded because it is not a 
distinct commodity requiring a tolerance.
    Many of the proposed commodity definitions have been revised to be 
consistent with Agency nomenclature.

V. Conclusion

    Therefore, tolerances are established for residues of 
methoxyfenozide in or on Bean, adzuki, dry seed at 0.5 ppm; Bean, 
American potato, dry seed at 0.5 ppm; Bean, asparagus, edible podded at 
2 ppm; Bean, asparagus, dry seed at 0.5 ppm; Bean, black, dry seed at 
0.5 ppm; Bean, broad, dry seed at 0.5 ppm; Bean, broad, succulent 
shelled at 0.3 ppm; Bean, catjang, edible podded at 2 ppm; Bean, 
catjang, dry seed at 0.5 ppm; Bean, catjang, succulent shelled at 0.3 
ppm; Bean, cranberry, dry seed at 0.5 ppm; Bean, dry, dry seed at 0.5 
ppm; Bean, field, dry seed at 0.5 ppm; Bean, French, dry seed 0.5 ppm; 
Bean, French, edible podded at 2 p.m.; Bean, garden, dry seed at 0.5 
ppm; Bean, garden, edible podded at 2 ppm; Bean, goa, dry seed at 0.5 
ppm; Bean, goa, edible podded at 2 ppm; Bean, goa, succulent shelled at 
0.3 ppm; Bean, great northern, dry seed at 0.5 ppm; Bean, green, dry 
seed at 0.5 ppm; Bean, green, edible podded at 2 ppm; Bean, guar, dry 
seed at 0.5 ppm; Bean, guar, edible podded at 2 ppm; Bean, kidney, dry 
seed at 0.5 ppm; Bean, kidney, edible podded at 2 ppm; Bean, lablab, 
dry seed at 0.5 ppm; Bean, lablab, edible podded at 2 ppm; Bean, 
lablab, succulent shelled at 0.3 ppm; Bean, lima, dry seed at 0.5 ppm; 
Bean, lima, succulent shelled at 0.3 ppm; Bean, morama, dry seed at 0.5 
ppm; Bean, moth, dry seed at 0.5 ppm; Bean, moth, edible podded at 2 
ppm; Bean, moth, succulent shelled at 0.3 ppm; Bean, mung, dry seed at 
0.5 ppm; Bean, mung, edible podded at 2 ppm; Bean, navy, dry seed 0.5 
ppm; Bean, navy, edible podded at 2 ppm; Bean, pink, dry seed at 0.5 
ppm; Bean, pinto, dry seed at 0.5 ppm; Bean, red, dry seed at 0.5 ppm; 
Bean, rice, dry seed at 0.5 ppm; Bean, rice, edible podded at 2 ppm; 
Bean, scarlet runner, dry seed at 0.5 ppm; Bean, scarlet runner, edible 
podded at 2 ppm; Bean, scarlet runner, succulent shelled at 0.3 ppm; 
Bean, snap, edible podded at 2 ppm; Bean, sword, dry seed at 0.5 ppm; 
Bean, sword, edible podded at 2 ppm; Bean, tepary, dry seed at 0.5 ppm; 
Bean, urd, dry seed at 0.5 ppm; Bean, urd, edible podded at 2 ppm; 
Bean, wax, edible podded at 2 ppm; Bean, wax, succulent shelled at 0.3 
ppm; Bean, yardlong, dry seed at 0.5 ppm; Bean, yardlong, edible podded 
at 2 ppm; Bean, yellow, dry seed at 0.5 ppm; Celtuce at 25 ppm; 
Chickpea, dry seed at 0.5 ppm; Chickpea, edible podded at 2 ppm; 
Chickpea, succulent shelled at 0.3 ppm; Cottonseed subgroup 20C at 7 
ppm; Cowpea, dry seed at 0.5 ppm; Cowpea, edible podded at 2 ppm; 
Cowpea, succulent shelled at 0.3 ppm; Fennel, Florence, fresh leaves 
and stalk at 25 ppm; Gram, horse, dry seed at 0.5 ppm; Grass pea, dry 
seed at 0.5 ppm; Grass pea, edible podded at 2 ppm; Jackbean, dry seed 
at 0.5 ppm; Jackbean, edible podded at 2 ppm; Jackbean, succulent 
shelled at 0.3 ppm; Kohlrabi at 7 ppm; Leaf petiole vegetable subgroup 
22B at 25 ppm; Lentil, dry seed at 0.5 ppm; Lentil, edible podded at 2 
ppm; Lentil, succulent shelled at 0.3 ppm; Longbean, Chinese, dry seed 
at 0.5 ppm; Longbean, Chinese, edible podded at 2 ppm; Lupin, Andean, 
dry seed at 0.5 ppm; Lupin, Andean, succulent shelled at 0.3 ppm; 
Lupin, blue, dry seed at 0.5 ppm; Lupin, blue, succulent shelled at 0.3 
ppm; Lupin, grain, dry seed at 0.5 ppm; Lupin, grain, succulent shelled 
at 0.3 ppm; Lupin, sweet white, dry seed at 0.5 ppm; Lupin, sweet 
white, succulent shelled at 0.3 ppm; Lupin, sweet, dry seed at 0.5 ppm; 
Lupin, sweet, succulent shelled at 0.3 ppm; Lupin, white, dry seed at 
0.5 ppm; Lupin, white, succulent shelled at 0.3 ppm; Lupin, yellow, dry 
seed at 0.5 ppm; Lupin, yellow, succulent shelled at 0.3 ppm; Pea, 
blackeyed, succulent shelled at 0.3 ppm; Pea, crowder, dry seed at 0.5 
ppm; Pea, crowder, succulent shelled at 0.3 ppm; Pea, dry, dry seed at 
0.5 ppm; Pea, dwarf, edible podded at 2 ppm; Pea, English, succulent 
shelled at 0.3 ppm; Pea, field, dry seed at 0.5 ppm; Pea, garden, dry 
seed at 0.5 ppm; Pea,

[[Page 61263]]

garden, succulent shelled at 0.3 ppm; Pea, green, dry seed at 0.5 ppm; 
Pea, green, edible podded at 2 ppm; Pea, green, succulent shelled at 
0.3 ppm; Pea, pigeon, dry seed at 0.5 ppm; Pea, pigeon, edible podded 
at 2 ppm; Pea, pigeon, succulent shelled at 0.3 ppm; Pea, snap, edible 
podded at 2 ppm; Pea, snow, edible podded at 2 ppm; Pea, southern, 
succulent shelled at 0.3 ppm; Pea, sugar snap, edible podded at 2 ppm; 
Pea, winged, dry seed at 0.5 ppm; Pea, winged, edible podded at 2 ppm; 
Soybean, vegetable, dry seed at 0.5 ppm; Soybean, vegetable, edible 
podded at 2 ppm; Soybean, vegetable, succulent shelled at 0.3 ppm; 
Tropical and subtropical, palm fruit, edible peel, subgroup 23C at 8 
ppm; Tropical and subtropical, small fruit, inedible peel, subgroup 24A 
at 2 ppm; Vegetable, brassica, head and stem, group 5-16 at 7 ppm; 
Vegetable, leafy, group 4-16 at 30 ppm; Velvetbean, dry seed at 0.5 
ppm; Velvetbean, edible podded at 2 ppm; Velvetbean, succulent shelled 
at 0.3 ppm; and Yam bean, African, dry seed at 0.5 ppm.
    Also, tolerances for regional registration are established for 
Rice, grain at 30 ppm; and Rice, hulls at 55 ppm.
    The following tolerances are removed as unnecessary due to the 
establishment of the above tolerances: Brassica, head and stem, 
subgroup 5A; Brassica, leafy greens, subgroup 5B; Cotton, undelinted 
seed; Date; Leaf petioles subgroup 4B; Leafy greens subgroup 4A; 
Longan; Lychee; Pea and bean, dried shelled, except soybean, subgroup 
6C, except pea, blackeyed, seed and pea, southern, seed; Pea and bean, 
succulent shelled, subgroup 6B; Spanish lime; Turnip greens; and 
Vegetable, legume, edible podded, subgroup 6A. In addition, the Section 
18 emergency exemption time-limited tolerances for Rice, bran and Rice, 
grain are removed as unnecessary due to the establishment of the 
tolerances for regional registration.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) 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, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), or to Executive Order 13045, 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997). This action does not 
contain any information collections subject to OMB approval under the 
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it 
require any special considerations under Executive Order 12898, 
entitled ``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (59 FR 7629, February 16, 
1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerances in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or Tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
Tribal Governments, on the relationship between the National Government 
and the States or Tribal Governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian Tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. 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: September 29, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter 1 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.  180.544:
0
a. In paragraph (a)(1) by:
0
i. Adding a table heading.
0
ii. Adding in alphabetical order entries for ``Bean, adzuki, dry 
seed''; ``Bean, American potato, dry seed''; ``Bean, asparagus, edible 
podded''; ``Bean, asparagus, dry seed''; ``Bean, black, dry seed''; 
``Bean, broad, dry seed''; ``Bean, broad, succulent shelled''; ``Bean, 
catjang, edible podded''; ``Bean, catjang, dry seed''; ``Bean, catjang, 
succulent shelled''; ``Bean, cranberry, dry seed''; ``Bean, dry, dry 
seed''; ``Bean, field, dry seed''; ``Bean, French, dry seed''; ``Bean, 
French, edible podded''; ``Bean, garden, dry seed''; ``Bean, garden, 
edible podded''; ``Bean, goa, dry seed''; ``Bean, goa, edible podded''; 
``Bean, goa, succulent shelled''; ``Bean, great northern, dry seed''; 
``Bean, green, dry seed''; ``Bean, green, edible podded''; ``Bean, 
guar, dry seed''; ``Bean, guar, edible podded''; ``Bean, kidney, dry 
seed''; ``Bean, kidney, edible podded''; ``Bean, lablab, dry seed''; 
``Bean, lablab, edible podded''; ``Bean, lablab, succulent shelled''; 
``Bean, lima, dry seed''; ``Bean, lima, succulent shelled''; ``Bean, 
morama, dry seed''; ``Bean, moth, dry seed''; ``Bean, moth, edible 
podded''; ``Bean, moth, succulent shelled''; ``Bean, mung, edible 
podded''; ``Bean, navy, dry seed''; ``Bean, navy, edible podded''; 
``Bean, pink, dry seed''; ``Bean, pinto, dry seed''; ``Bean, red, dry 
seed''; ``Bean, rice, dry seed''; ``Bean, rice, edible podded''; 
``Bean, scarlet runner, dry seed''; ``Bean, scarlet runner, edible 
podded''; ``Bean, scarlet runner, succulent shelled''; ``Bean, snap,

[[Page 61264]]

edible podded''; ``Bean, sword, dry seed''; ``Bean, sword, edible 
podded''; ``Bean, tepary, dry seed''; ``Bean, urd, dry seed''; ``Bean, 
urd, edible podded''; ``Bean, wax, edible podded''; ``Bean, wax, 
succulent shelled''; ``Bean, yardlong, dry seed''; ``Bean, yardlong, 
edible podded''; and ``Bean, yellow, dry seed''.
0
iii. Removing the entries for ``Brassica, head and stem, subgroup 5A'' 
and ``Brassica, leafy greens, subgroup 5B''.
0
iv. Adding in alphabetical order entries for ``Celtuce''; ``Chickpea, 
dry seed''; ``Chickpea, edible podded''; and ``Chickpea, succulent 
shelled''.
0
v. Removing the entry for ``Cotton, undelinted seed''.
0
vi. Adding in alphabetical order entries for ``Cottonseed subgroup 
20C''; ``Cowpea, dry seed''; ``Cowpea, edible podded''; and ``Cowpea, 
succulent shelled''.
0
vii. Removing the entry for ``Date''.
0
viii. Adding in alphabetical order entries for ``Fennel, Florence, 
fresh leaves and stalk''; ``Gram, horse, dry seed''; ``Grass pea, dry 
seed''; ``Grass pea, edible podded''; ``Jackbean, dry seed''; 
``Jackbean, edible podded''; ``Jackbean, succulent shelled''; and 
``Kohlrabi''.
0
ix. Removing the entry for ``Leaf petioles subgroup 4B''.
0
x. Adding in alphabetical order an entry for ``Leaf petiole vegetable 
subgroup 22B''.
0
xi. Removing the entry for ``Leafy greens subgroup 4A''.
0
xii. Adding in alphabetical order entries for ``Lentil, dry seed''; 
``Lentil, edible podded''; and ``Lentil, succulent shelled''.
0
xiii. Removing the entry for ``Longan''.
0
xiv. Adding in alphabetical order entries for ``Longbean, Chinese, dry 
seed''; ``Longbean, Chinese, edible podded''; ``Lupin, Andean, dry 
seed''; ``Lupin, Andean, succulent shelled''; ``Lupin, blue, dry 
seed''; ``Lupin, blue, succulent shelled''; ``Lupin, grain, dry seed''; 
``Lupin, grain, succulent shelled''; ``Lupin, sweet white, dry seed''; 
``Lupin, sweet white, succulent shelled''; ``Lupin, sweet, dry seed''; 
``Lupin, sweet, succulent shelled''; ``Lupin, white, dry seed''; 
``Lupin, white, succulent shelled''; ``Lupin, yellow, dry seed''; and 
``Lupin, yellow, succulent shelled''.
0
xv. Removing the entries for ``Lychee''; ``Pea and bean, dried shelled, 
except soybean, subgroup 6C, except pea, blackeyed, seed and pea, 
southern, seed''; and ``Pea and bean, succulent shelled, subgroup 6B''.
0
xvi. Adding in alphabetical order entries for ``Pea, blackeyed, 
succulent shelled''; ``Pea, crowder, dry seed''; ``Pea, crowder, 
succulent shelled''; ``Pea, dry, dry seed''; ``Pea, dwarf, edible 
podded''; ``Pea, English, succulent shelled''; ``Pea, field, dry 
seed''; ``Pea, garden, dry seed''; ``Pea, garden, succulent shelled''; 
``Pea, green, dry seed''; ``Pea, green, edible podded''; ``Pea, green, 
succulent shelled''; ``Pea, pigeon, dry seed''; ``Pea, pigeon, edible 
podded''; ``Pea, pigeon, succulent shelled''; ``Pea, snap, edible 
podded''; ``Pea, snow, edible podded''; ``Pea, southern, succulent 
shelled''; ``Pea, sugar snap, edible podded''; ``Pea, winged, dry 
seed''; ``Pea, winged, edible podded''; ``Soybean, vegetable, dry 
seed''; ``Soybean, vegetable, edible podded''; and ``Soybean, 
vegetable, succulent shelled''.
0
xvii. Removing the entry for ``Spanish lime''.
0
xviii. Adding in alphabetical order entries for ``Tropical and 
subtropical, palm fruit, edible peel, subgroup 23C''; and ``Tropical 
and subtropical, small fruit, inedible peel, subgroup 24A''.
0
xix. Removing the entry for ``Turnip greens''.
0
xx. Adding in alphabetical order entries for ``Vegetable, brassica, 
head and stem, group 5-16''; and ``Vegetable, leafy, group 4-16''.
0
xxi. Removing the entry for ``Vegetable, legume, edible podded, 
subgroup 6A''.
0
xxii. Adding in alphabetical order entries for ``Velvetbean, dry 
seed''; ``Velvetbean, edible podded''; ``Velvetbean, succulent 
shelled''; and ``Yam bean, African, dry seed''.
0
b. By adding a heading to the table in paragraph (a)(2).
0
c. By removing and reserving paragraph (b).
0
d. By revising paragraph (c).
    The additions and revision read as follows:


Sec.  180.544  Methoxyfenozide; tolerances for residues.

    (a) * * *
    (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Bean, adzuki, dry seed..................................             0.5
Bean, American potato, dry seed.........................             0.5
Bean, asparagus, edible podded..........................               2
Bean, asparagus, dry seed...............................             0.5
Bean, black, dry seed...................................             0.5
Bean, broad, dry seed...................................             0.5
Bean, broad, succulent shelled..........................             0.3
Bean, catjang, edible podded............................               2
Bean, catjang, dry seed.................................             0.5
Bean, catjang, succulent shelled........................             0.3
Bean, cranberry, dry seed...............................             0.5
Bean, dry, dry seed.....................................             0.5
Bean, field, dry seed...................................             0.5
Bean, French, dry seed..................................             0.5
Bean, French, edible podded.............................               2
Bean, garden, dry seed..................................             0.5
Bean, garden, edible podded.............................               2
Bean, goa, dry seed.....................................             0.5
Bean, goa, edible podded................................               2
Bean, goa, succulent shelled............................             0.3
Bean, great northern, dry seed..........................             0.5
Bean, green, dry seed...................................             0.5
Bean, green, edible podded..............................               2

[[Page 61265]]

 
Bean, guar, dry seed....................................             0.5
Bean, guar, edible podded...............................               2
Bean, kidney, dry seed..................................             0.5
Bean, kidney, edible podded.............................               2
Bean, lablab, dry seed..................................             0.5
Bean, lablab, edible podded.............................               2
Bean, lablab, succulent shelled.........................             0.3
Bean, lima, dry seed....................................             0.5
Bean, lima, succulent shelled...........................             0.3
Bean, morama, dry seed..................................             0.5
Bean, moth, dry seed....................................             0.5
Bean, moth, edible podded...............................               2
Bean, moth, succulent shelled...........................             0.3
Bean, mung, dry seed....................................             0.5
Bean, mung, edible podded...............................               2
Bean, navy, dry seed....................................             0.5
Bean, navy, edible podded...............................               2
Bean, pink, dry seed....................................             0.5
Bean, pinto, dry seed...................................             0.5
Bean, red, dry seed.....................................             0.5
Bean, rice, dry seed....................................             0.5
Bean, rice, edible podded...............................               2
Bean, scarlet runner, dry seed..........................             0.5
Bean, scarlet runner, edible podded.....................               2
Bean, scarlet runner, succulent shelled.................             0.3
Bean, snap, edible podded...............................               2
Bean, sword, dry seed...................................             0.5
Bean, sword, edible podded..............................               2
Bean, tepary, dry seed..................................             0.5
Bean, urd, dry seed.....................................             0.5
Bean, urd, edible podded................................               2
Bean, wax, edible podded................................               2
Bean, wax, succulent shelled............................             0.3
Bean, yardlong, dry seed................................             0.5
Bean, yardlong, edible podded...........................               2
Bean, yellow, dry seed..................................             0.5
 
                              * * * * * * *
Celtuce.................................................              25
 
                              * * * * * * *
Chickpea, dry seed......................................             0.5
Chickpea, edible podded.................................               2
Chickpea, succulent shelled.............................             0.3
 
                              * * * * * * *
Cottonseed subgroup 20C.................................               7
Cowpea, dry seed........................................             0.5
Cowpea, edible podded...................................               2
Cowpea, succulent shelled...............................             0.3
 
                              * * * * * * *
Fennel, Florence, fresh leaves and stalk................              25
 
                              * * * * * * *
Gram, horse, dry seed...................................             0.5
 
                              * * * * * * *
Grass pea, dry seed.....................................             0.5
Grass pea, edible podded................................               2
 
                              * * * * * * *
Jackbean, dry seed......................................             0.5
Jackbean, edible podded.................................               2
Jackbean, succulent shelled.............................             0.3
Kohlrabi................................................               7
Leaf petiole vegetable subgroup 22B.....................              25
Lentil, dry seed........................................             0.5
Lentil, edible podded...................................               2
Lentil, succulent shelled...............................             0.3
Longbean, Chinese, dry seed.............................             0.5

[[Page 61266]]

 
Longbean, Chinese, edible podded........................               2
Lupin, Andean, dry seed.................................             0.5
Lupin, Andean, succulent shelled........................             0.3
Lupin, blue, dry seed...................................             0.5
Lupin, blue, succulent shelled..........................             0.3
Lupin, grain, dry seed..................................             0.5
Lupin, grain, succulent shelled.........................             0.3
Lupin, sweet white, dry seed............................             0.5
Lupin, sweet white, succulent shelled...................             0.3
Lupin, sweet, dry seed..................................             0.5
Lupin, sweet, succulent shelled.........................             0.3
Lupin, white, dry seed..................................             0.5
Lupin, white, succulent shelled.........................             0.3
Lupin, yellow, dry seed.................................             0.5
Lupin, yellow, succulent shelled........................             0.3
 
                              * * * * * * *
Pea, blackeyed, succulent shelled.......................             0.3
Pea, crowder, dry seed..................................             0.5
Pea, crowder, succulent shelled.........................             0.3
Pea, dry, dry seed......................................             0.5
Pea, dwarf, edible podded...............................               2
Pea, English, succulent shelled.........................             0.3
Pea, field, dry seed....................................             0.5
Pea, garden, dry seed...................................             0.5
Pea, garden, succulent shelled..........................             0.3
Pea, green, dry seed....................................             0.5
Pea, green, edible podded...............................               2
Pea, green, succulent shelled...........................             0.3
Pea, pigeon, dry seed...................................             0.5
Pea, pigeon, edible podded..............................               2
Pea, pigeon, succulent shelled..........................             0.3
Pea, snap, edible podded................................               2
Pea, snow, edible podded................................               2
Pea, southern, succulent shelled........................             0.3
Pea, sugar snap, edible podded..........................               2
Pea, winged, dry seed...................................             0.5
Pea, winged, edible podded..............................               2
 
                              * * * * * * *
Soybean, vegetable, dry seed............................             0.5
Soybean, vegetable, edible podded.......................               2
Soybean, vegetable, succulent shelled...................             0.3
 
                              * * * * * * *
Tropical and subtropical, palm fruit, edible peel,                     8
 subgroup 23C...........................................
Tropical and subtropical, small fruit, inedible peel,                  2
 subgroup 24A...........................................
Vegetable, brassica, head and stem, group 5-16..........               7
 
                              * * * * * * *
Vegetable, leafy, group 4-16............................              30
 
                              * * * * * * *
Velvetbean, dry seed....................................             0.5
Velvetbean, edible podded...............................               2
Velvetbean, succulent shelled...........................             0.3
 
                              * * * * * * *
Yam bean, African, dry seed.............................             0.5
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of March 12, 2019, for use on
  tea.

    (2) * * *


[[Page 61267]]


Table 2 to Paragraph (a)(2)
* * * * *
    (c) Tolerances with regional registrations. Tolerances for regional 
registration are established for the insecticide methoxyfenozide, 
including its metabolites and degradates, in or on the raw agricultural 
commodities in the following table. Compliance with the tolerance 
levels specified in the following table is to be determined by 
measuring only methoxyfenozide [3-methoxy-2-methylbenzoic acid 2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide].

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Rice, grain.................................................          30
Rice, hulls.................................................          55
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-21719 Filed 10-7-22; 8:45 am]
BILLING CODE 6560-50-P


