[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Rules and Regulations]
[Pages 39770-39776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13023]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0448; FRL-10570-01-OCSPP]


Trifloxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
trifloxystrobin 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 June 20, 2023. Objections and 
requests for hearings must be received on or before August 21, 2023, 
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-2021-0448, 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: Charles Smith, 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.

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-2021-0448 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing and must be received by the Hearing Clerk on or before 
August 21, 2023. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b), although the Office 
of the Administrative Law Judges, which houses the Hearing Clerk, 
encourages parties to file objections and hearing requests 
electronically. See https://www.epa.gov////-05//2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
    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

[[Page 39771]]

(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-2021-0448, 
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//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 October 21, 2021 (86 FR 58239) (FRL-
8792-04-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 1E8931) by IR-4, North Carolina State University, 1730 
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition 
requested that 40 CFR 180.555 be amended by establishing tolerances for 
residues of trifloxystrobin, methyl ([alpha]E)-[alpha]-(methoxyimino)-
2-[[[[(1E)-1-[3-(trifluoromethyl)phenyl] 
ethylidene]amino]oxy]methyl]benzeneace, in or on the raw agricultural 
commodities Brassica, leafy greens, subgroup 4-16B at 30 parts per 
million (ppm); Celtuce at 9 ppm; Fennel, Florence, fresh leaves and 
stalk at 9 ppm; Fruit, citrus, group 10-10 at 0.6 ppm; Fruit, pome, 
group 11-10 at 0.7 ppm; Fruit, stone, group 12-12 at 3 ppm; Kohlrabi at 
2 ppm; Leafy greens subgroup 4-16A at 30 ppm; Leaf petiole vegetable 
subgroup 22B at 9 ppm; Nut, tree, group 14-12 at 0.04 ppm; Onion, bulb, 
subgroup 3-07A at 0.04 ppm; Onion, green, subgroup 3-07B at 1.5 ppm; 
Spice group 26 at 30 ppm; Vegetable, Brassica, head and stem, group 5-
16 at 2 ppm; Vegetable, fruiting, group 8-10 at 0.5 ppm; Individual 
crops of Proposed Subgroup 6-XXA: Edible podded bean legume vegetable 
subgroup at 1.5 ppm; Individual crops of Proposed Subgroup 6-XXE: Dried 
shelled bean, except soybean, subgroup at 0.06 ppm; and Individual 
commodities of Proposed Crop Subgroup 6-XXF: Dried shelled pea subgroup 
at 0.2 ppm. Due to the length of the list of commodities, please refer 
to the document EPA issued in the Federal Register on October 21, 2021, 
for a complete list of the tolerances requested.
    The petition also proposed to remove established tolerances for 
residues of trifloxystrobin in or on the following: Brassica, head and 
stem, subgroup 5A at 2.0 ppm; Brassica, leafy greens, subgroup 5B at 30 
ppm; Fruit, citrus, group 10 at 0.6 ppm; Fruit, pome at 0.5 ppm; Fruit, 
stone, group 12 at 2 ppm; Leaf petioles subgroup 4B at 9.0 ppm; Leafy 
greens, subgroup 4A at 30 ppm; Nut, tree, group 14 at 0.04 ppm; Pea and 
bean, dried shelled, except soybean, subgroup 6C at 0.06 ppm; Pistachio 
at 0.04 ppm; Vegetable, fruiting at 0.5 ppm.
    That document referenced a summary of the petition, which is 
available in the docket, https://www.regulations.gov. No substantive 
comments were submitted in response to this petition.
    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 establishing tolerances for three subgroups in the recently revised 
Legume vegetable crop group 6-22 instead of the specific commodities in 
those subgroups as requested by the petitioner. See the Federal 
Register of September 21, 2022 (87 FR 57627) (FRL-5031-13-OCSPP).

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 trifloxystrobin including exposure resulting 
from the tolerances established by this action. EPA's assessment of 
exposures and risks associated with trifloxystrobin 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 number of tolerance rulemakings for 
trifloxystrobin, in which EPA concluded, based on the available 
information, that there is a reasonable certainty that no harm would 
result from aggregate exposure to trifloxystrobin and established 
tolerances for residues of that chemical. EPA is incorporating 
previously published sections of those rulemakings that remain 
unchanged, as described further in this rulemaking. Specific 
information on the risk assessment conducted in support of this action, 
including on the studies received and the nature of the adverse effects 
caused by trifloxystrobin, can be found in the document titled 
``Trifloxystrobin. Human Health Risk Assessment for Proposed New Uses 
on Bulb Onion (Subgroup 3-07A), Green Onion (Subgroup 3-07B), and 
Individual Commodities of Proposed Subgroup 6-XXA, E, and F, and for 
Crop Group Conversions and Expansions'' which is available in the 
docket for this action at https://www.regulations.gov.
    Toxicological profile. For a discussion of the Toxicological 
Profile of trifloxystrobin, see Unit III.A. of the trifloxystrobin 
tolerance rulemaking published in the Federal Register of February 15, 
2019 (84 FR 4340) (FRL-9985-23).
    Toxicological points of departure/Levels of concern. For a summary 
of the Toxicological Points of Departure/Levels of Concern used for the 
safety

[[Page 39772]]

assessment, see Unit III.B. of the February 15, 2019, rulemaking.
    Exposure assessment. Much of the exposure assessment remains the 
same since the February 15, 2019, and January 11, 2022 (87 FR 1363) 
(FRL-9086-01-OCSPP) rulemakings, although the new exposure assessment 
incorporates additional dietary exposures from the petitioned-for 
tolerances. These updates are discussed in this section; for a 
description of the rest of EPA's approach to and assumptions for the 
exposure assessment, see Unit III.C in the February 15, 2019, and Unit 
III in the January 11, 2022, rulemaking.
    EPA's acute and chronic dietary (food and drinking water) exposure 
assessments have been updated to include the exposure from residues of 
trifloxystrobin on the commodities identified in this action as well as 
exposure from existing tolerances. The dietary exposure and risk 
assessment was conducted using the Dietary Exposure Evaluation Model 
software with the Food Commodity Intake Database (DEEM-FCID) Version 
4.02. This software uses 2005-2010 food consumption data from the U.S. 
Department of Agriculture's (USDA's) National Health and Nutrition 
Examination Survey, What We Eat in America (NHANES/WWEIA). The acute 
dietary assessment used tolerance-level residues, 100 percent crop 
treated (PCT) and default processing factors. A partially refined 
chronic dietary exposure and risk assessment was conducted. Chronic 
dietary assumptions included average field trial residues for selected 
crops (subgroups 4A and 4B, subgroups 5A and 5B, crop group 26, apples, 
and rice); tolerance-level residues for all other crop commodities; 
empirical and default processing factors; and some PCT data.
    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, 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.
    The following average percent crop treated estimates were used in 
the chronic dietary risk assessment for the following crops that are 
currently registered for trifloxystrobin: almonds: 20%, apples: 35%, 
apricots: 15%, cabbage: <2.5%, cantaloupes: 2.5%, carrots: 2.5%, 
cauliflower: <1%, celery: 25%, cherries: 45%, corn: <2.5%, cotton: <1%, 
cucumbers: <2.5%, dry beans/peas: <1%, grapefruit: 35%, grapes, table: 
50%; grapes, raisin: 25%, grapes, wine: 25%, hazelnuts: 70%, lemons: 
<1%, lettuce: <1%, nectarines: 15%, oranges: 10%, peaches: 10%, 
peanuts: 5%, pears: 15%, pecans: 15%, peppers: <2.5%, pistachios: 10%, 
plums: 5%, potatoes: <1%, prunes: <1%, pumpkins: 5%, rice: 15%, 
soybeans: <2.5%, squash: <2.5%, strawberries: 15%, sugar beets: 5%, 
sweet corn: <1%, tangerines: 5%, tomatoes: <1%, watermelons: 5%, wheat: 
<2.5%. One hundred PCT was assumed for the remaining commodities.
    In most cases, EPA uses available data from 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 1% or 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 2.5% as the maximum PCT.
    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 
trifloxystrobin may be applied in a particular area.
    Drinking water and non-occupational exposures. The estimated 
drinking water concentrations (EDWCs) have been updated since the 2019 
and 2022 rulemakings. The highest daily value of 436 ppb and a post-
breakthrough average of 356 ppb for trifloxystrobin total toxic 
residues (TTR) in groundwater were used as residues in drinking water 
for acute and chronic dietary risk analyses, respectively.
    The residential exposure assessment has not changed since the 2022 
rulemaking. For a summary of the residential exposure analysis for 
trifloxystrobin used for the human risk assessment, please reference 
Unit III of the January 11, 2022, 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

[[Page 39773]]

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 
trifloxystrobin and any other substances and trifloxystrobin does not 
appear to produce a toxic metabolite produced by other substances. For 
the purposes of this action, therefore, EPA has not assumed that 
trifloxystrobin has a common 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 for all 
routes of exposure other than inhalation. The FQPA safety factor of 10X 
has been retained for inhalation endpoints only to account for the lack 
of the subchronic inhalation toxicity study for trifloxystrobin at this 
time. See Unit III.D. of the February 15, 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 
dietary exposure estimates to the acute population-adjusted dose (aPAD) 
and chronic population-adjusted dose (cPAD). Short-, intermediate-, and 
chronic-term aggregate risks are evaluated by comparing the estimated 
total food, water, and residential exposure to the appropriate points 
of departure to ensure that an adequate margin of exposure (MOE) 
exists.
    Acute dietary (food and drinking water) risks are below the 
Agency's level of concern of 100% of the aPAD: they are 3% of the aPAD 
for females 13 to 49 years old, which is the only population subgroup 
of concern. Chronic dietary (food and drinking water) risks are below 
the Agency's level of concern of 100% of the cPAD: they are 79% of the 
cPAD for infants less than 1 year old, which is the population subgroup 
with the highest exposure estimate. The short-term aggregate risk for 
the population subgroup with the highest total exposure (children 1 to 
less than 2 years old) is an aggregate MOE of 124, which is above the 
level of concern of 100 and not of concern. Short-term aggregate risk 
calculations are protective of the intermediate-term duration of 
exposure. Because trifloxystrobin is classified as ``not likely to be 
carcinogenic to humans'', EPA has concluded that aggregate exposure to 
trifloxystrobin is not likely to pose a 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 trifloxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method, 
see Unit IV.A. of the February 15, 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 U.S. tolerances are harmonized with Codex MRLs for residues of 
trifloxystrobin on pome fruits, and stone fruits. There are no Codex 
MRLs for Brassica, leafy greens, subgroup 4-16B; celtuce; fruit, 
citrus, group 10-10; Florence fennel; kohlrabi; onion, bulb, subgroup 
3-07A; or spice group 26. For many of the rest of the crops covered by 
this action, the majority of Codex MRLs are lower than the U.S. 
tolerances (lettuce, spinach, celery, nuts, leek (which is in green 
onion subgroup 3-07B), broccoli, broccoli Chinese, cauliflower, 
Brussels sprouts, cabbage, cabbage savoy, edible podded beans). No 
harmonization is possible for these commodities because decreasing the 
tolerance to harmonize with the Codex MRL could put U.S. growers at 
risk of violative residues despite legal use of trifloxystrobin. The 
U.S. tolerance for the fruiting vegetables group is being established 
at 0.5 ppm and is not being harmonized with the Codex MRLs for eggplant 
and tomato (0.7 ppm) or bell pepper (0.3 ppm). Harmonization with the 
bell pepper tolerance could lead to violative residues despite 
compliance with approved label language. Moreover, EPA prefers to leave 
tolerances for these commodities at 0.5 ppm, as that level harmonizes 
with Canadian MRLs. The U.S. tolerances for dried beans and peas (0.06 
ppm and 0.2 ppm, respectively) are not being harmonized with the Codex 
MRLs for those same commodities (0.5 ppm and 1.5 ppm, respectively) 
since the Codex MRLs are more than five times higher than the U.S. 
tolerances. Harmonizing with the Codex MRLs would complicate the 
ability to detect pesticide misuse. Moreover, the available residue 
data support the lower tolerances for dried beans and peas.

V. Conclusion

    Therefore, tolerances are established for residues of 
trifloxystrobin in or on Brassica, leafy greens, subgroup 4-16B at 30 
ppm; Celtuce at 9 ppm; Fennel, Florence, fresh leaves and stalk at 9 
ppm; Fruit, citrus, group 10-10 at 0.6 ppm; Fruit, pome, group 11-10 at 
0.7 ppm; Fruit, stone, group 12-12 at 3 ppm; Kohlrabi at 2 ppm; Leaf 
petiole vegetable subgroup 22B at 9 ppm; Leafy greens subgroup 4-16A at 
30 ppm; Nut, tree, group 14-12 at 0.04 ppm; Onion, bulb, subgroup 3-07A 
at 0.04 ppm; Onion, green, subgroup 3-07B at 1.5 ppm; Spice group 26 at 
30 ppm; Vegetable, Brassica, head and stem, group 5-16 at 2 ppm; 
Vegetable, fruiting, group 8-10 at 0.5 ppm; Vegetable, legume, bean, 
edible podded, subgroup 6-22A at 1.5 ppm; Vegetable, legume, pulse, 
bean, dried shelled, except soybean, subgroup 6-22E at 0.06 ppm; and 
Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F at 0.2 
ppm.
    Additionally, the established tolerances on Brassica, head and 
stem, subgroup 5A; Brassica, leafy greens, subgroup 5B; Dill, seed; 
Fruit, citrus, group 10; Fruit, pome; Fruit, stone, group 12; Leaf 
petioles subgroup 4B; Leafy greens, subgroup 4A; Nut, tree, group 14; 
Pea and bean, dried shelled, except soybean, subgroup 6C; Pistachio; 
and Vegetable, fruiting, are removed as unnecessary.
    The tolerance for Vegetable, legume, edible podded, subgroup 6A 
with footnote 4 indicating there are no U.S. registrations on this 
commodity as of January 11, 2022, is removed as unnecessary. The edible 
podded beans covered by the previous subgroup 6A tolerance are included 
in the newly established tolerance Vegetable, legume, bean, edible 
podded, subgroup 6-22A at 1.5 ppm, which supports a domestic use on 
edible podded beans. Individual tolerances are established for the 
edible podded peas that were covered by the previous subgroup 6A 
tolerance: Pea, dwarf, edible podded; Pea, green, edible podded; Pea, 
pigeon, edible podded; Pea, snap, edible podded; Pea, snow, edible 
podded; and Pea, sugar snap, edible podded. Although green pea and snap 
pea are not expressly identified in subgroup 6A, they are varieties 
belonging to the Pisum genus, which is covered by subgroup 6A. These 
edible

[[Page 39774]]

podded pea tolerances include footnote 4 indicating there are no U.S. 
registrations for these commodities.

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: June 13, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA amends 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.  180.555, revise the table in paragraph (a) to read as 
follows:


Sec.  180.555  Trifloxystrobin; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................         0.01
Alfalfa, hay...............................................         0.01
Almond, hulls..............................................          9.0
Apple, wet pomace..........................................          5.0
Artichoke, globe...........................................          1.0
Asparagus..................................................         0.07
Banana \1\.................................................         0.10
Barley, grain..............................................         0.05
Barley, hay................................................          0.3
Barley, straw..............................................          5.0
Beet, sugar, dried pulp....................................          0.4
Beet, sugar, molasses......................................          0.2
Beet, sugar, roots.........................................          0.1
Beet, sugar, tops..........................................          4.0
Berry, low growing subgroup 13-07G.........................          1.5
Brassica, leafy greens, subgroup 4-16B.....................           30
Caneberry, subgroup 13-07A \4\.............................            2
Canistel...................................................          0.7
Cattle, fat................................................          0.1
Cattle, meat...............................................          0.1
Cattle, meat byproducts....................................          0.1
Celtuce....................................................            9
Citrus, dried pulp.........................................          1.0
Citrus, oil................................................           38

[[Page 39775]]

 
Coffee, green bean \2\.....................................         0.02
Corn, field, forage........................................          8.0
Corn, field, grain.........................................         0.05
Corn, field, stover........................................            7
Corn, field, refined oil...................................          0.1
Corn, pop, grain...........................................         0.05
Corn, pop, stover..........................................            7
Corn, sweet, cannery waste.................................          0.6
Corn, sweet, forage........................................          7.0
Corn, sweet, kernel plus cob with husks removed............         0.04
Corn, sweet, stover........................................          4.0
Cotton, gin byproducts.....................................          3.0
Cottonseed subgroup 20C....................................         0.50
Currant \4\................................................            3
Egg........................................................         0.04
Fennel, Florence, fresh leaves and stalk...................            9
Flax, seed.................................................         0.40
Fruit, citrus, group 10-10.................................          0.6
Fruit, pome, group 11-10...................................          0.7
Fruit, small vine climbing, except fuzzy kiwifruit,                  2.0
 subgroup 13-07F...........................................
Fruit, stone, group 12-12..................................            3
Goat, fat..................................................          0.1
Goat, meat.................................................          0.1
Goat, meat byproducts......................................          0.1
Grain, aspirated fractions.................................           10
Grape, raisin..............................................          5.0
Grass, forage..............................................           12
Grass, hay.................................................           17
Herbs, subgroup 19A........................................          200
Hog, fat...................................................         0.05
Hog, meat..................................................         0.05
Hog, meat byproducts.......................................         0.05
Hop, dried cones...........................................         11.0
Horse, fat.................................................          0.1
Horse, meat................................................          0.1
Horse, meat byproducts.....................................          0.1
Kohlrabi...................................................            2
Leaf petiole vegetable subgroup 22B........................            9
Leafy greens subgroup 4-16A................................           30
Mango......................................................          0.7
Milk.......................................................         0.02
Nut, tree, group 14-12.....................................         0.04
Oat, forage................................................          0.3
Oat, grain.................................................         0.05
Oat, hay...................................................          0.3
Oat, straw.................................................          5.0
Onion, bulb, subgroup 3-07A................................         0.04
Onion, green, subgroup 3-07B...............................          1.5
Papaya.....................................................          0.7
Pea, dwarf, edible podded \4\..............................          1.5
Pea, field, hay............................................           15
Pea, field, vines..........................................            4
Pea, green, edible podded \4\..............................          1.5
Pea, pigeon, edible podded \4\.............................          1.5
Pea, snap, edible podded \4\...............................          1.5
Pea, snow, edible podded \4\...............................          1.5
Pea, sugar snap, edible podded\4\..........................          1.5
Pea and bean, succulent shelled, subgroup 6B \4\...........          0.2
Peanut, hay................................................          4.0
Peanut.....................................................         0.05
Poultry, fat...............................................         0.04
Poultry, meat..............................................         0.04
Poultry, meat byproducts...................................         0.04
Radish, tops...............................................           10
Rice, grain................................................          3.5
Rice, hulls................................................            8
Sapodilla..................................................          0.7
Sapote, black..............................................          0.7
Sapote, mamey..............................................          0.7
Sheep, fat.................................................          0.1
Sheep, meat................................................          0.1

[[Page 39776]]

 
Sheep, meat byproducts.....................................          0.1
Soybean, forage............................................         10.0
Soybean, hay...............................................         25.0
Soybean, seed..............................................         0.08
Spice group 26.............................................           30
Star apple.................................................          0.7
Tea, dried \3\.............................................            5
Tea, instant \3\...........................................            5
Tropical and subtropical, small fruit, edible peel,                  0.3
 subgroup 23A \4\..........................................
Vegetable, Brassica, head and stem, group 5-16.............            2
Vegetable, cucurbit, group 9...............................         0.50
Vegetable, fruiting, group 8-10............................          0.5
Vegetable, legume, bean, edible podded, subgroup 6-22A.....          1.5
Vegetable, legume, pulse, bean, dried shelled, except               0.06
 soybean, subgroup 6-22E...................................
Vegetable, legume, pulse, pea, dried shelled, subgroup 6-            0.2
 22F.......................................................
Vegetable, root, except sugar beet, subgroup 1B............          0.1
Vegetable, tuberous and corm, subgroup 1C..................         0.04
Wheat, bran................................................         0.15
Wheat, forage..............................................          0.3
Wheat, grain...............................................         0.05
Wheat, hay.................................................          0.2
Wheat, straw...............................................          5.0
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 27, 1999, for use on
  banana.
\2\ There are no U.S. registrations as of January 18, 2012, for use on
  coffee, green bean.
\3\ There are no U.S. registrations as of June 24, 2019, for use on tea.
\4\ There are no U.S. registrations on this commodity as of January 11,
  2022.

* * * * *
[FR Doc. 2023-13023 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P


