[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8700-8704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0568; FRL-10017-55]


Extension of Tolerances for Emergency Exemptions; Multiple 
Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for residues 
of the pesticides clothianidin, methyl bromide, and triclopyr in or on 
various commodities, as identified in this document. These actions are 
in response to EPA's granting of emergency exemptions under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of 
these pesticides. In addition, the Federal Food, Drug, and Cosmetic Act 
(FFDCA) requires EPA to establish a time-limited tolerance or exemption 
from the requirement for a tolerance for pesticide chemical residues in 
food that will result from the use of a pesticide under an emergency 
exemption granted by EPA. Additionally, EPA is removing time-limited 
tolerances for flonicamid on prickly pear, fruit and pads at 1.5 ppm 
because this exemption will not be renewed, and the tolerances will 
expire by the effective date of this rule. EPA is also making non-
substantive administrative revisions to the tolerance listings for 
methyl bromide to update the commodity terminology.

DATES: This regulation is effective February 9, 2021. Objections and 
requests for hearings must be received on or before April 12, 2021 and 
must be filed in accordance with the instructions

[[Page 8701]]

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-2020-0568, is available at http://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 is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
RDFRNotices@epa.gov.

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 40 CFR 
part 180 through the Government Publishing Office's e-CFR site at 
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2020-0568 in the subject line on the first 
page of your submission. All objections and requests must be in writing 
and must be received by the Hearing Clerk on or before April 12, 2021. 
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-2020-0568, by one of 
the following methods:
     Federal eRulemaking Portal: http://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 
http://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA previously published final rules establishing time-limited 
tolerances in the Federal Register for the chemicals and commodities 
listed, below, under FFDCA section 408, 21 U.S.C. 346a. EPA established 
the tolerances because FFDCA section 408(l)(6) requires EPA to 
establish a time-limited tolerance or exemption from the requirement 
for a tolerance for pesticide chemical residues in food that will 
result from the use of a pesticide under an emergency exemption granted 
by EPA under FIFRA section 18. Such tolerances can be established at 
EPA's own initiative and without providing notice or time for public 
comment.
    EPA received requests to extend emergency uses of clothianidin, 
methyl bromide, and triclopyr for this year's growing season. After 
having reviewed these submissions, EPA concurs that emergency 
conditions continue to exist. EPA assessed the potential risks 
presented by residues for each chemical in the pertinent commodities. 
In doing so, EPA considered the safety standard in FFDCA section 
408(b)(2) and decided that the necessary tolerance under FFDCA section 
408(l)(6) would be consistent with the safety standard and with FIFRA 
section 18.
    The data and other relevant material have been evaluated and were 
discussed in the final rules originally establishing the time-limited 
tolerances. Based on those data and information considered, the Agency 
reaffirms that extension of these time-limited tolerances will continue 
to meet the requirements of FFDCA section 408(l)(6). Therefore, the 
time-limited tolerances are extended until December 31, 2023. Although 
these tolerances will expire and are revoked on December 31, 2023, 
under FFDCA section 408(l)(5), residues of the pesticide not in excess 
of the amounts specified in the tolerances remaining in or on the 
commodities after that date will not be unlawful, provided the residue 
is present as a result of an application or use of a pesticide at a 
time and in a manner that was lawful under FIFRA, the tolerance was in 
place at the time of the application, and the residue does not exceed 
the level that was authorized by the tolerance. EPA will take action to 
revoke these tolerances earlier if any experience with, scientific data 
on, or other relevant information on this pesticide indicate that the 
residues are not safe. EPA will publish a document in the Federal 
Register to remove the revoked tolerances from the Code of Federal 
Regulations (CFR).
    Time-limited tolerances for the use of the following pesticide 
chemicals on specific commodities are being extended:
    Clothianidin. EPA has authorized under FIFRA section 18 the use of 
clothianidin on citrus for control of the Asian citrus psyllid in 
Florida and Texas. This regulation extends a time-limited tolerance for 
residues of the insecticide clothianidin and its

[[Page 8702]]

metabolites and degradates in or on fruit, citrus, group 10-10 at 0.07 
parts per million (ppm) for an additional 3-year period. This tolerance 
will expire and is revoked on December 31, 2023. The time-limited 
tolerance was originally published in the Federal Register of February 
25, 2015 (80 FR 10003) (FRL-9919-59).
    Methyl bromide. Pursuant to a request by the US Department of 
Agriculture, Animal and Plant Health Inspection Service, EPA has 
authorized under FIFRA section 18 the use of methyl bromide on certain 
imported and domestic commodities, post-harvest for control of invasive 
non-indigenous quarantine plant pests and to prevent the introduction 
and/or spread of any new or recently introduced foreign pests to the 
United States. This regulation extends time-limited tolerances for 
residues of the pesticide methyl bromide, including its metabolites and 
degradates, in or on the commodities identified in 40 CFR 180.124(b) 
(and listed in the regulatory text section of this document) at the 
levels listed for an additional 3-year period. The tolerances will 
expire and are revoked on December 31, 2023. The time-limited 
tolerances were originally published in the Federal Register of March 
1, 2018 (83 FR 8758) (FRL-9971-19) and October 16, 2020 (85 FR 65729) 
(FRL-10014-31).
    In addition to extending these tolerances, EPA is making several 
non-substantive revisions to 40 CFR 180.124(b). Entries for avocado, 
banana, longan, lychee, pomegranate, rambutan, and Spanish lime are 
deleted, because these commodities are included in Tropical and 
subtropical fruits, inedible peel, group 24. This regulation also 
revises certain commodity terms for consistency with current crop 
groups and commodity vocabulary as follows: ``Tropical and subtropical 
fruits, edible peel, group 23'' will now read ``Fruit, tropical and 
subtropical, edible peel, group 23''; ``Tropical and subtropical 
fruits, inedible peel, group 24'' will now read ``Fruit, tropical and 
subtropical, inedible peel, group 24''; and ``Stalk, stem and leaf 
petiole vegetables, group 22'' will now read ``Vegetables, stalk, stem 
and leaf petiole, group 22''. None of the revisions discussed in this 
paragraph change the amount of methyl bromide residues permitted on any 
commodity.
    Triclopyr. EPA has authorized under FIFRA section 18 the use of 
triclopyr on sugarcane for control of divine nightshade (Solanum 
nigresens) in Louisiana. This regulation extends a time-limited 
tolerance for residues of the herbicide triclopyr and its metabolites 
and degradates in or on sugarcane, cane at 40 ppm for an additional 3-
year period. The tolerance will expire and is revoked on December 31, 
2023. A time-limited tolerance was originally published in the Federal 
Register of June 8, 2017 (82 FR 26599) (FRL-9961-29).
    The time-limited tolerances are being removed at 40 CFR 180.613(b) 
for residues of the insecticide flonicamid and its metabolites in or on 
prickly pear, fruit and pads at 1.5 ppm which expire on December 31, 
2020. The applicant has not submitted a request for further use of 
flonicamid on prickly pear. The time-limited tolerances were originally 
published in the Federal Register of January 26, 2018 (83 FR 3610) 
(FRL-9971-94).

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level. The Codex has not 
established any MRLs for flonicamid, methyl bromide, or triclopyr on 
the commodities listed in this document. The Codex has established MRLs 
for clothianidin in or on citrus at 0.07 ppm, the same as the tolerance 
established for fruit, citrus, group 10-10 in the United States. 
Therefore, there are no harmonization issues.

IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(e) and 
408(l)(6). 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 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 under FFDCA 
sections 408(e) and 408(l)(6), such as the tolerance 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).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA has submitted a report containing this rule

[[Page 8703]]

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: December 4, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.124, revise paragraph (b) to read as follows:


Sec.  180.124  Methyl bromide; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances are 
established for residues of the fumigant methyl bromide, including its 
metabolites and degradates, in or on the specified agricultural 
commodities in Table 2 to this paragraph (b). Compliance with the 
tolerance levels specified in Table 2 to this paragraph (b) is to be 
determined by measuring only methyl bromide, in or on the commodities, 
resulting from use of the pesticide pursuant to Federal Insecticide, 
Fungicide, Rodenticide Act (FIFRA) section 18 emergency exemptions. The 
tolerances expire and are revoked on the dates specified in Table 2 to 
this paragraph (b).

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Berry and small fruit, group 13-07......             5.0        12/31/23
Cactus..................................             3.0        12/31/23
Coconut, copra..........................             8.0        12/31/23
Coffee, green bean......................             150        12/31/23
Cola, seed..............................             150        12/31/23
Cucurbit, seed..........................             150        12/31/23
Fig.....................................              10        12/31/23
Fruit, citrus, group 10-10..............               2        12/31/23
Fruit, stone, group 12-12...............             5.0        12/31/23
Fruit, tropical and subtropical, edible               10        12/31/23
 peel, group 23.........................
Fruit, tropical and subtropical,                     5.0        12/31/23
 inedible peel, group 24................
Herb and spice, group 19................              35        12/31/23
Hibiscus, seed..........................             150        12/31/23
Ivy gourd...............................             5.0        12/31/23
Kaffir lime, leaves.....................            0.50        12/31/23
Kenaf, seed.............................             150        12/31/23
Oilseed group 20........................             150        12/31/23
Peppermint, tops........................              35        12/31/23
Pointed gourd...........................             5.0        12/31/23
Spearmint, tops.........................              35        12/31/23
Vegetable, bulb, group 3-07.............             2.0        12/31/23
Vegetable, cucurbit, group 9............             5.0        12/31/23
Vegetable, foliage of legume, group 7...            0.50        12/31/23
Vegetable, fruiting, group 8-10.........             7.0        12/31/23
Vegetable, head and stem Brassica, group             1.0        12/31/23
 5-16...................................
Vegetable, leafy, group 4-16............            0.50        12/31/23
Vegetable, leaves of root and tuber,                0.50        12/31/23
 group 2................................
Vegetable, legume, group 6..............             3.0        12/31/23
Vegetable, root and tuber, group 1......             3.0        12/31/23
Vegetable, stalk, stem and leaf petiole,            0.50        12/31/23
 group 22...............................
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  180.417, revise the table in paragraph (b) to read as 
follows:


Sec.  180.417  Triclopyr; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Sugarcane, cane.........................              40        12/31/23
------------------------------------------------------------------------


[[Page 8704]]

* * * * *

0
4. In Sec.  180.586, revise the entry for ``Fruit, citrus, group 10-
10'' in the table in paragraph (b) to read as follows:


Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Fruit, citrus, group 10-10..............            0.07        12/31/23
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  180.613  [Amended]

0
5. In Sec.  180.613, remove and reserve paragraph (b).

[FR Doc. 2021-02512 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


