[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57615-57620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20332]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0153; FRL-10187-01-OCSPP]


Novaluron; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This regulation is effective September 21, 2022. Objections and 
requests for hearings must be received on or before November 21, 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-2021-0153, 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, docket 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-2021-0153 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 
November 21, 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-2021-0153, 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 June 28, 2021 (86 FR 33922) (FRL-10025-
08), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C.

[[Page 57616]]

346a(d)(3), announcing the filing of a pesticide petition (PP 0E8882) 
by IR-4, North Carolina State University, 1730 Varsity Drive, Venture 
IV, Suite 210, Raleigh, NC 27606. The petition requested that 40 CFR 
180.598 be amended by establishing tolerances for residues of the 
insecticide novaluron in or on individual crops of proposed Crop 
Subgroup 6-XXA: Edible podded bean legume vegetable subgroup at 0.7 
parts per million (ppm); individual crops of proposed Crop Subgroup 6-
XXB: Edible podded pea legume vegetable subgroup at 2 ppm; individual 
crops of Proposed Crop Subgroup 6-XXC: Succulent shelled bean subgroup 
at 0.7 ppm; individual crops of Proposed Crop Subgroup 6-XXD: Succulent 
shelled pea subgroup at 0.05 ppm; individual crops of Proposed Crop 
Subgroup 6-XXE: Dried shelled bean, except soybean at 0.3 ppm; 
individual crops of Proposed Crop Subgroup 6-XXF: Dried shelled pea 
subgroup at 0.1 ppm; and Pea, forage at 15 ppm. The petition also 
requested to amend 40 CFR part 180 by removing established tolerances 
for residues of novaluron, including its metabolites and degradates, in 
or on Bean, dry, seed at 0.30 ppm, and Bean, succulent at 0.70 ppm. 
That document referenced a summary of the petition, which is available 
in the docket, https://www.regulations.gov. One comment was received 
from the United States Department of Agriculture in support of the 
notice of filing.
    In the Federal Register of April 28, 2022 (87 FR 25178) (FRL-9410-
12-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 
0E8882) by IR-4, North Carolina State University, 1730 Varsity Drive, 
Venture IV, Suite 210, Raleigh, NC 27606. The petition requested that 
40 CFR 180.598 be amended by establishing tolerances for residues of 
the insecticide novaluron in or on the following raw agricultural 
commodities: Bean, phaseolus, forage at 15 ppm; Cowpea, forage at 15 
ppm; Pea, field, forage at 15 ppm; Bean, phaseolus, hay at 80 ppm; 
Cowpea, hay at 80 ppm; and Pea, field, hay at 80 ppm. That document 
referenced a summary of the petition, which is available in the docket, 
https://www.regulations.gov. No substantive comments were received in 
response to the notice.
    Based upon review of the data supporting the petition and in 
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA 
is modifying many of the commodity definitions to be consistent with 
Agency terminology. The tolerance levels being established are the same 
as the petition requested.

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. . . 
.''
    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 novaluron including exposure resulting from the 
tolerances established by this action. EPA's assessment of exposures 
and risks associated with novaluron follows.
    In an effort to streamline its publications in the Federal 
Register, EPA is not reprinting sections that repeat what has been 
previously published for tolerance rulemakings for the same pesticide 
chemical. Where scientific information concerning a particular chemical 
remains unchanged, the content of those sections would not vary between 
tolerance rulemakings, and EPA considers referral back to those 
sections as sufficient to provide an explanation of the information EPA 
considered in making its safety determination for the new rulemaking.
    EPA has previously published tolerance rulemakings for novaluron in 
which EPA concluded, based on the available information, that there is 
a reasonable certainty that no harm would result from aggregate 
exposure to novaluron 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.
    In addition, EPA has conducted a human health risk assessment in 
support of registration review for novaluron. That document, 
``Novaluron: Draft Human Health Risk Assessment to Support Registration 
Review'' dated March 24, 2020, along with the Novaluron Interim 
Registration Review Decision, are available in docket ID number EPA-HQ-
OPP-2015-0171 and are referenced below.
    Toxicological profile. For a discussion of the Toxicological 
Profile of novaluron, see Unit III.A. of the novaluron tolerance 
rulemaking published in the Federal Register of July 22, 2015 (80 FR 
43329) (FRL-9929-57) as well as the Novaluron: Draft Human Health Risk 
Assessment to Support Registration Review and Novaluron Interim 
Registration Review Decision.
    Toxicological points of departure/Levels of concern. For a summary 
of the Toxicological Points of Departure/Levels of Concern for 
novaluron used for human health risk assessment, please reference Unit 
III.B. of the July 22, 2015, rulemaking as well as the Novaluron: Draft 
Human Health Risk Assessment to Support Registration Review and 
Novaluron Interim Registration Review Decision.
    Exposure assessment. EPA's dietary exposure assessments have been 
updated to include the additional exposure from the proposed new uses 
of novaluron on the commodities identified in this action. An acute 
dietary exposure assessment was not performed as there are no 
toxicological effects attributable to a single exposure (dose). A 
partially refined chronic dietary (food and drinking water) exposure 
and risk assessment was conducted that incorporated tolerance-level 
residues for the proposed new uses. The chronic dietary exposure and 
risk assessment also incorporated average percent crop treated (PCT) 
data for several registered commodities as well as projected PCT data 
for the proposed Field Pea and Cowpea feed commodities. For the 
remaining commodities, 100 PCT was assumed. Anticipated residues for 
meat, milk, hog, and poultry commodities were incorporated as well. A 
cancer dietary assessment was not conducted because novaluron is 
classified as ``not likely to be carcinogenic to humans.''
    Anticipated residue and PCT information. Section 408(b)(2)(E) of 
FFDCA authorizes EPA to use available data and information on the 
anticipated residue levels of pesticide residues in food and the actual 
levels of pesticide residues that have been measured in food. If EPA 
relies on such information,

[[Page 57617]]

EPA must require pursuant to FFDCA section 408(f)(1) that data be 
provided 5 years after the tolerance is established, modified, or left 
in effect, demonstrating that the levels in food are not above the 
levels anticipated. For the present action, EPA will issue such data 
call-ins as are required by FFDCA section 408(b)(2)(E) and authorized 
under FFDCA section 408(f)(1). Data will be required to be submitted no 
later than 5 years from the date of issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data 
on the actual percent of food treated for assessing chronic dietary 
risk only if:
     Condition a: The data used are reliable and provide a 
valid basis to show what percentage of the food derived from such crop 
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate 
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food 
consumption in a particular area, and the exposure estimate does not 
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any 
estimates used. To provide for the periodic evaluation of the estimate 
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require 
registrants to submit data on PCT.
    Updated average percent crop treated values were used for the 
following crops that are currently registered for novaluron: apples 
(10%), broccoli (1%), cabbage (5%), cantaloupe (1%), cauliflower (1%), 
cherries (1%), cotton (5%), dry beans/peas (1%), peaches (1%), peanuts 
(5%), pears (25%), peppers (5%), plums/prunes (1%), potatoes (5%), 
pumpkins (1%), sorghum (1%), squash (1%), strawberries (45%), sugarcane 
(1%), sweet corn (1%), tomatoes (2.5%), and watermelons (1%).
    In most cases, EPA uses available data from the United States 
Department of Agriculture/National Agricultural Statistics Service 
(USDA/NASS), proprietary market surveys, and California Department of 
Pesticide Regulation (CalDPR) Pesticide Use Reporting (PUR) for the 
chemical/crop combination for the most recent 10 years. EPA uses an 
average PCT for chronic dietary risk analysis and a maximum PCT for 
acute dietary risk analysis. The average PCT figure for each existing 
use is derived by combining available public and private market survey 
data for that use, averaging across all observations, and rounding to 
the nearest 5%, except for those situations in which the average PCT is 
less than 1% or less than 2.5% as the average PCT value, respectively. 
In those cases, the Agency would use less than 1% or less than 2.5% as 
the average PCT value, respectively. The maximum PCT figure is the 
highest observed maximum value reported within the most recent 10 years 
of available public and private market survey data for the existing use 
and rounded up to the nearest multiple of 5%, except where the maximum 
PCT is less than 2.5%, in which case, the Agency uses less than 2.5% as 
the maximum PCT.
    Projected PCT was used for Field Pea and Cowpea feed commodities 
(10%). EPA estimates the projected PCT, also known as the percent crop 
treated of a new use (PCTn), based on the PCT of the dominant pesticide 
(i.e., the one with the greatest PCT) used on that crop over the three 
most recent years of available data. Comparisons are only made among 
pesticides of the same pesticide types (e.g., the dominant insecticide 
on the crop is selected for comparison with a new insecticide). The 
PCTs included in the analysis may be for the same pesticide or for 
different pesticides since the same or different pesticides may 
dominate for each year. Typically, EPA uses USDA NASS as the source for 
raw PCT data because it is publicly available and does not have to be 
calculated from available data sources. When a specific use site is not 
surveyed by USDA NASS, EPA uses other appropriate public data or 
private market research to calculate the PCTn.
    The average PCT of the market leader(s) is appropriate for use in 
the chronic dietary risk assessment. This method of estimating a PCT 
for a new use of a registered pesticide or a new pesticide produces a 
high-end estimate that is unlikely, in most cases, to be exceeded 
during the initial five years of actual use. The predominant factors 
that bear on whether the estimated PCTn could be exceeded are (1) the 
extent of pest pressure on the crops in question; (2) the pest spectrum 
of the new pesticide in comparison with the market; and (3) resistance 
concerns with the market leaders. EPA has examined the relevant data 
and concludes that it is unlikely that the actual PCT with novaluron on 
the Field Pea and Cowpea feed commodities will exceed the PCTn within 
the next 5 years.
    The Agency believes that Conditions a, b, and c discussed above 
have been met. With respect to Condition a, PCT estimates are derived 
from Federal and private market survey data, which are reliable and 
have a valid basis. The Agency is reasonably certain that the 
percentage of the food treated is not likely to be an underestimation. 
As to Conditions b and c, regional consumption information and 
consumption information for significant subpopulations is taken into 
account through EPA's computer-based model for evaluating the exposure 
of significant subpopulations including several regional groups. Use of 
this consumption information in EPA's risk assessment process ensures 
that EPA's exposure estimate does not understate exposure for any 
significant subpopulation group and allows the Agency to be reasonably 
certain that no regional population is exposed to residue levels higher 
than those estimated by the Agency. Other than the data available 
through national food consumption surveys, EPA does not have available 
reliable information on the regional consumption of food to which 
novaluron may be applied in a particular area.
    Drinking water and non-occupational exposures. The previously 
recommended estimated drinking water concentrations (EDWCs) remain 
current and are considered protective potential drinking water residue 
levels anticipated from the proposed tolerances. As stated in Unit III 
of the novaluron tolerance rulemaking published in the Federal Register 
of August 13, 2020 (85 FR 49261) (FRL-10011-78), the chronic dietary 
exposure and risk assessment incorporate the highest total estimated 
drinking water concentration (EDWC) of 8.4 parts per billion directly 
into this dietary assessment. The residential exposure assessment has 
not changed since the July 22, 2015, rulemaking because there are no 
proposed new residential uses. For a summary of the residential 
exposure analysis for novaluron used for the human health risk 
assessment, please reference Unit III.C.3. of the July 22, 2015, 
rulemaking.
    Cumulative exposure. Section 408(b)(2)(D)(v) of FFDCA requires 
that, when considering whether to establish, modify, or revoke a 
tolerance, the Agency consider ``available information'' concerning the 
cumulative effects of a particular pesticide's residues and ``other 
substances that have a common mechanism of toxicity.'' 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 novaluron and any other substances and 
novaluron does not appear to produce a toxic metabolite produced by 
other substances. For the purposes of this action, therefore, EPA has 
not assumed that novaluron has a common

[[Page 57618]]

mechanism of toxicity with other substances.
    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 July 22, 2015, 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 exposure assessment was not performed as there 
were no toxicological effects attributable to a single exposure (dose) 
observed in available oral toxicity studies, including maternal 
toxicity in the developmental toxicity studies. Chronic dietary risks 
are below the Agency's level of concern of 100% of the cPAD; they are 
29% of the cPAD for children 1 to 2 years old, the group with the 
highest exposure. The combined short- and intermediate-term food, 
water, and residential exposures result in aggregate margins of 
exposures of 3,800 for adults and 280 for children 1 to 2 years old. 
These MOEs are greater than the level of concern of 100 and are 
therefore not of concern. Novaluron is classified as ``Not Likely to Be 
Carcinogenic to Humans''; therefore, EPA does not expect novaluron 
exposures to pose an aggregate cancer risk.
    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 novaluron residues. More detailed information on 
this action can be found in the document titled ``Novaluron. Human 
Health Risk Assessment for Petition for Individual Commodities of 
Proposed Crop Subgroup 6-XXA: Vegetable, legume, bean, edible podded, 
subgroup 6-xxA; Proposed Crop Subgroup 6-XXB: Vegetable, legume, pea, 
edible podded, subgroup 6-xxB; Proposed Crop Subgroup 6-XXC: Vegetable, 
legume, bean, succulent shelled, subgroup 6-xxC; Proposed Crop Subgroup 
6-XXD: Vegetable, legume, pea, succulent shelled, subgroup 6-xxD; 
Proposed Crop Subgroup 6-XXE: Vegetable, legume, bean, dried shelled, 
subgroup 6-xxE; Proposed Crop Subgroup 6-XXF: Vegetable, legume, pea, 
dried shelled, subgroup 6-xxF; Proposed Crop Subgroup 7-XXA: Vegetable, 
legume, forage and hay, except soybean group 7-xxA, forage; and 
Proposed Crop Subgroup 7-XXA: Vegetable, legume, forage and hay, except 
soybean group 7-xxA, hay'' in docket ID EPA-HQ-OPP-2021-0153.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method, 
see Unit IV.A. of the July 22, 2015, 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 U.S. and Codex levels are harmonized for edible-podded and 
succulent shelled beans at 0.7 ppm. Using the Organization for Economic 
Cooperation and Development (OECD) calculator for the dried shelled 
beans, except soybean, subgroup gives a recommended tolerance level of 
0.3 ppm, which is higher than the established Codex MRL of 0.1 ppm for 
``beans (dry).'' The Agency is not lowering the tolerance level to 
harmonize with Codex because doing so could cause U.S. growers to have 
violative residues despite legal use of novaluron according to the 
label. There are no Codex MRLs for any of the other commodities 
identified in this action.

V. Conclusion

    Therefore, tolerances are established for residues of novaluron in 
or on Bean, adzuki, dry seed at 0.3 ppm; Bean, African yam, dry seed at 
0.3 ppm; Bean, American potato, dry seed at 0.3 ppm; Bean, asparagus, 
dry seed at 0.3 ppm; Bean, asparagus edible podded at 0.7 ppm; Bean, 
black, dry seed at 0.3 ppm; Bean, broad, dry seed at 0.3 ppm; Bean, 
broad, succulent shelled at 0.7 ppm; Bean, catjang, dry seed at 0.3 
ppm; Bean, catjang edible podded at 0.7 ppm; Bean, catjang, succulent 
shelled at 0.7 ppm; Bean, cranberry, dry seed at 0.3 ppm; Bean, dry 
bean, dry seed at 0.3 ppm; Bean, field, dry seed at 0.3 ppm; Bean, 
French, dry seed at 0.3 ppm; Bean, French, edible podded at 0.7 ppm; 
Bean, garden, dry seed at 0.3 ppm; Bean, garden, edible podded at 0.7 
ppm; Bean, goa, dry seed at 0.3 ppm; Bean, goa, edible podded at 0.7 
ppm; Bean, goa, succulent shelled at 0.7 ppm; Bean, great northern, dry 
seed at 0.3 ppm; Bean, green, dry seed at 0.3 ppm; Bean, green, edible 
podded at 0.7 ppm; Bean, guar, dry seed at 0.3 ppm; Bean, guar, edible 
podded at 0.7 ppm; Bean, horse gram, dry seed at 0.3 ppm; Bean, kidney, 
dry seed at 0.3 ppm; Bean, kidney, edible podded at 0.7 ppm; Bean, 
lablab, dry seed at 0.3 ppm; Bean, lablab, edible podded at 0.7 ppm; 
Bean, lablab, succulent shelled at 0.7 ppm; Bean, lima, dry seed at 0.3 
ppm; Bean, lima, succulent shelled at 0.7 ppm; Bean, morama, dry seed 
at 0.3 ppm; Bean, moth, dry seed at 0.3 ppm; Bean, moth, edible podded 
at 0.7 ppm; Bean, moth, succulent shelled at 0.7 ppm; Bean, mung, dry 
seed at 0.3 ppm; Bean, mung, edible podded at 0.7 ppm; Bean, navy, dry 
seed at 0.3 ppm; Bean, navy, edible podded at 0.7 ppm; Bean, phaseolus, 
forage at 15 ppm; Bean, phaseolus, hay at 80 ppm; Bean, pink, dry seed 
at 0.3 ppm; Bean, pinto, dry seed at 0.3 ppm; Bean, red, dry seed at 
0.3 ppm; Bean, rice, dry seed at 0.3 ppm; Bean, rice, edible podded at 
0.7 ppm; Bean, scarlet runner, dry seed at 0.3 ppm; Bean, scarlet 
runner, edible podded at 0.7 ppm; Bean, scarlet runner, succulent 
shelled at 0.7 ppm; Bean, snap, edible podded at 0.7 ppm; Bean, sword, 
dry seed at 0.3 ppm; Bean, sword, edible podded at 0.7 ppm; Bean, 
tepary, dry seed at 0.3 ppm; Bean, urd, dry seed at 0.3 ppm; Bean, urd, 
edible podded at 0.7 ppm; Bean, wax, edible podded at 0.7 ppm; Bean, 
wax, succulent shelled at 0.7 ppm; Bean, yardlong, dry seed at 0.3 ppm; 
Bean, yardlong, edible podded at 0.7 ppm; Bean, yellow, dry seed at 0.3 
ppm; Chickpea, dry seed at 0.1 ppm; Chickpea, edible podded at 2 ppm; 
Chickpea, succulent shelled at 0.05 ppm; Cowpea, dry seed at 0.3 ppm; 
Cowpea, edible podded at 0.7 ppm; Cowpea, forage at 15 ppm; Cowpea, hay 
at 80 ppm; Cowpea, succulent shelled at 0.7 ppm; Jackbean, dry seed at 
0.3 ppm; Jackbean, edible podded at 0.7 ppm; Jackbean, succulent 
shelled at 0.7 ppm; Lentil, dry seed at 0.1 ppm; Lentil, edible podded 
at 2 ppm; Lentil, succulent shelled at 0.05 ppm; Longbean, Chinese, dry 
seed at 0.3 ppm; Longbean, Chinese, edible podded at 0.7 ppm; Lupin, 
Andean, dry seed at 0.3 ppm; Lupin, Andean, succulent shelled

[[Page 57619]]

at 0.7 ppm; Lupin, blue, dry seed at 0.3 ppm; Lupin, blue, succulent 
shelled at 0.7 ppm; Lupin, grain, dry seed at 0.3 ppm; Lupin, grain, 
succulent shelled at 0.7 ppm; Lupin, sweet, dry seed at 0.3 ppm; Lupin, 
sweet, succulent shelled at 0.7 ppm; Lupin, white sweet, dry seed at 
0.3 ppm; Lupin, white sweet, succulent shelled at 0.7 ppm; Lupin, 
white, dry seed at 0.3 ppm; Lupin, white, succulent shelled at 0.7 ppm; 
Lupin, yellow, dry seed at 0.3 ppm; Lupin, yellow, succulent shelled at 
0.7 ppm; Pea, blackeyed, dry seed at 0.3 ppm; Pea, blackeyed, succulent 
shelled at 0.7 ppm; Pea, crowder, dry seed at 0.3 ppm; Pea, crowder, 
succulent shelled at 0.7 ppm; Pea, dry, dry seed at 0.1 ppm; Pea, 
dwarf, edible podded at 2 ppm; Pea, English, succulent shelled at 0.05 
ppm; Pea, field, dry seed at 0.1 ppm; Pea, field, forage at 15 ppm; 
Pea, field, hay at 80 ppm; Pea, garden, dry seed at 0.1 ppm; Pea, 
garden, succulent shelled at 0.05 ppm; Pea, grass, dry seed at 0.1 ppm; 
Pea, grass, edible podded at 2 ppm; Pea, green, dry seed at 0.1 ppm; 
Pea, green, edible podded at 2 ppm; Pea, green, succulent shelled at 
0.05 ppm; Pea, pigeon, dry seed at 0.1 ppm; Pea, pigeon, edible podded 
at 2 ppm; Pea, pigeon, succulent shelled at 0.05 ppm; Pea, snap, edible 
podded at 2 ppm; Pea, snow, edible podded at 2 ppm; Pea, southern, dry 
seed at 0.3 ppm; Pea, southern, succulent shelled at 0.7 ppm; Pea, 
sugar snap, edible podded at 2 ppm; Pea, winged, dry seed at 0.3 ppm; 
Pea, winged, edible podded at 0.7 ppm; Soybean, vegetable, dry seed at 
0.3 ppm; Soybean, vegetable, edible podded at 0.7 ppm; Soybean, 
vegetable, succulent shelled at 0.7 ppm; Velvetbean, dry seed at 0.3 
ppm; Velvetbean, edible podded at 0.7 ppm; Velvetbean, succulent 
shelled at 0.7 ppm.
    Additionally, the established tolerances on Bean, dry, seed and 
Bean, succulent are removed as unnecessary.

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 15, 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. In Sec.  180.598, amend the Table 1 to Paragraph (a) by:
0
a. Adding in alphabetical order the entries ``Bean, adzuki, dry seed''; 
``Bean, African yam, dry seed''; ``Bean, American potato, dry seed''; 
``Bean, asparagus, dry seed''; ``Bean, asparagus, edible podded''; 
``Bean, black, dry seed''; ``Bean, broad, dry seed''; ``Bean, broad, 
succulent shelled''; ``Bean, catjang, dry seed''; ``Bean, catjang 
edible podded''; ``Bean, catjang, succulent shelled''; ``Bean, 
cranberry, dry seed''; and ``Bean, dry bean, dry seed''.
0
b. Removing the entry for ``Bean, dry, seed''.
0
c. Adding in alphabetical order the entries ``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, horse gram, dry seed''; ``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, dry seed''; ``Bean, 
mung, edible podded''; ``Bean, navy, dry seed''; ``Bean, navy, edible 
podded''; ``Bean, phaseolus, forage''; ``Bean, phaseolus, hay''; 
``Bean, pink, dry seed''; ``Bean, pinto, dry seed''; ``Bean, red, dry 
seed''; ``Bean, rice, dry

[[Page 57620]]

seed''; ``Bean, rice, edible podded''; ``Bean, scarlet runner, dry 
seed''; ``Bean, scarlet runner, edible podded''; ``Bean, scarlet 
runner, succulent shelled''; and ``Bean, snap, edible podded''.
0
d. Removing the entry for ``Bean, succulent''.
0
e. Adding in alphabetical order the entries ``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''; ``Bean, yellow, dry seed''; 
``Chickpea, dry seed''; ``Chickpea, edible podded''; ``Chickpea, 
succulent shelled''; ``Cowpea, dry seed''; ``Cowpea, edible podded''; 
``Cowpea, forage''; ``Cowpea, hay''; ``Cowpea, succulent shelled''; 
``Jackbean, dry seed''; ``Jackbean, edible podded''; ``Jackbean, 
succulent shelled''; ``Lentil, dry seed''; ``Lentil, edible podded''; 
``Lentil, succulent shelled''; ``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, dry seed''; 
``Lupin, sweet, succulent shelled''; ``Lupin, white sweet, dry seed''; 
``Lupin, white sweet, succulent shelled''; ``Lupin, white, dry seed''; 
``Lupin, white, succulent shelled''; ``Lupin, yellow, dry seed''; 
``Lupin, yellow, succulent shelled''; ``Pea, blackeyed, dry seed''; 
``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, field, forage''; ``Pea, field, hay''; ``Pea, 
garden, dry seed''; ``Pea, garden, succulent shelled''; ``Pea, grass, 
dry seed''; ``Pea, grass, edible podded''; ``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, dry seed''; ``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''; ``Soybean, vegetable, 
succulent shelled''; ``Velvetbean, dry seed''; ``Velvetbean, edible 
podded''; and ``Velvetbean, succulent shelled''.
    The additions read as follows:


Sec.  180.598  Novaluron; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                                  Parts
                           Commodity                               per
                                                                 million
------------------------------------------------------------------------
 
                                * * * * *
Bean, adzuki, dry seed........................................       0.3
Bean, African yam, dry seed...................................       0.3
Bean, American potato, dry seed...............................       0.3
Bean, asparagus, dry seed.....................................       0.3
Bean, asparagus, edible podded................................       0.7
Bean, black, dry seed.........................................       0.3
Bean, broad, dry seed.........................................       0.3
Bean, broad, succulent shelled................................       0.7
Bean, catjang, dry seed.......................................       0.3
Bean, catjang edible podded...................................       0.7
Bean, catjang, succulent shelled..............................       0.7
Bean, cranberry, dry seed.....................................       0.3
Bean, dry bean, dry seed......................................       0.3
Bean, field, dry seed.........................................       0.3
Bean, French, dry seed........................................       0.3
Bean, French, edible podded...................................       0.7
Bean, garden, dry seed........................................       0.3
Bean, garden, edible podded...................................       0.7
Bean, goa, dry seed...........................................       0.3
Bean, goa, edible podded......................................       0.7
Bean, goa, succulent shelled..................................       0.7
Bean, great northern, dry seed................................       0.3
Bean, green, dry seed.........................................       0.3
Bean, green, edible podded....................................       0.7
Bean, guar, dry seed..........................................       0.3
Bean, guar, edible podded.....................................       0.7
Bean, horse gram, dry seed....................................       0.3
Bean, kidney, dry seed........................................       0.3
Bean, kidney, edible podded...................................       0.7
Bean, lablab, dry seed........................................       0.3
Bean, lablab, edible podded...................................       0.7
Bean, lablab, succulent shelled...............................       0.7
Bean, lima, dry seed..........................................       0.3
Bean, lima, succulent shelled.................................       0.7
Bean, morama, dry seed........................................       0.3
Bean, moth, dry seed..........................................       0.3
Bean, moth, edible podded.....................................       0.7
Bean, moth, succulent shelled.................................       0.7
Bean, mung, dry seed..........................................       0.3
Bean, mung, edible podded.....................................       0.7
Bean, navy, dry seed..........................................       0.3
Bean, navy, edible podded.....................................       0.7
Bean, phaseolus, forage.......................................        15
Bean, phaseolus, hay..........................................        80
Bean, pink, dry seed..........................................       0.3
Bean, pinto, dry seed.........................................       0.3
Bean, red, dry seed...........................................       0.3
Bean, rice, dry seed..........................................       0.3
Bean, rice, edible podded.....................................       0.7
Bean, scarlet runner, dry seed................................       0.3
Bean, scarlet runner, edible podded...........................       0.7
Bean, scarlet runner, succulent shelled.......................       0.7
Bean, snap, edible podded.....................................       0.7
Bean, sword, dry seed.........................................       0.3
Bean, sword, edible podded....................................       0.7
Bean, tepary, dry seed........................................       0.3
Bean, urd, dry seed...........................................       0.3
Bean, urd, edible podded......................................       0.7
Bean, wax, edible podded......................................       0.7
Bean, wax, succulent shelled..................................       0.7
Bean, yardlong, dry seed......................................       0.3
Bean, yardlong, edible podded.................................       0.7
Bean, yellow, dry seed........................................       0.3
 
                                * * * * *
Chickpea, dry seed............................................       0.1
Chickpea, edible podded.......................................         2
Chickpea, succulent shelled...................................      0.05
 
                                * * * * *
Cowpea, dry seed..............................................       0.3
Cowpea, edible podded.........................................       0.7
Cowpea, forage................................................        15
Cowpea, hay...................................................        80
Cowpea, succulent shelled.....................................       0.7
 
                                * * * * *
Jackbean, dry seed............................................       0.3
Jackbean, edible podded.......................................       0.7
Jackbean, succulent shelled...................................       0.7
 
                                * * * * *
Lentil, dry seed..............................................       0.1
Lentil, edible podded.........................................         2
Lentil, succulent shelled.....................................      0.05
Longbean, Chinese, dry seed...................................       0.3
Longbean, Chinese, edible podded..............................       0.7
Lupin, Andean, dry seed.......................................       0.3
Lupin, Andean, succulent shelled..............................       0.7
Lupin, blue, dry seed.........................................       0.3
Lupin, blue, succulent shelled................................       0.7
Lupin, grain, dry seed........................................       0.3
Lupin, grain, succulent shelled...............................       0.7
Lupin, sweet, dry seed........................................       0.3
Lupin, sweet, succulent shelled...............................       0.7
Lupin, white sweet, dry seed..................................       0.3
Lupin, white sweet, succulent shelled.........................       0.7
Lupin, white, dry seed........................................       0.3
Lupin, white, succulent shelled...............................       0.7
Lupin, yellow, dry seed.......................................       0.3
Lupin, yellow, succulent shelled..............................       0.7
 
                                * * * * *
Pea, blackeyed, dry seed......................................       0.3
Pea, blackeyed, succulent shelled.............................       0.7
Pea, crowder, dry seed........................................       0.3
Pea, crowder, succulent shelled...............................       0.7
Pea, dry, dry seed............................................       0.1
Pea, dwarf, edible podded.....................................         2
Pea, English, succulent shelled...............................      0.05
Pea, field, dry seed..........................................       0.1
Pea, field, forage............................................        15
Pea, field, hay...............................................        80
Pea, garden, dry seed.........................................       0.1
Pea, garden, succulent shelled................................      0.05
Pea, grass, dry seed..........................................       0.1
Pea, grass, edible podded.....................................         2
Pea, green, dry seed..........................................       0.1
Pea, green, edible podded.....................................         2
Pea, green, succulent shelled.................................      0.05
Pea, pigeon, dry seed.........................................       0.1
Pea, pigeon, edible podded....................................         2
Pea, pigeon, succulent shelled................................      0.05
Pea, snap, edible podded......................................         2
Pea, snow, edible podded......................................         2
Pea, southern, dry seed.......................................       0.3
Pea, southern, succulent shelled..............................       0.7
Pea, sugar snap, edible podded................................         2
Pea, winged, dry seed.........................................       0.3
Pea, winged, edible podded....................................       0.7
 
                                * * * * *
Soybean, vegetable, dry seed..................................       0.3
Soybean, vegetable, edible podded.............................       0.7
Soybean, vegetable, succulent shelled.........................       0.7
 
                                * * * * *
Velvetbean, dry seed..........................................       0.3
Velvetbean, edible podded.....................................       0.7
Velvetbean, succulent shelled.................................       0.7
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-20332 Filed 9-20-22; 8:45 am]
BILLING CODE 6560-50-P


