[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Rules and Regulations]
[Pages 39776-39780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12926]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0014; FRL-11019-01-OCSPP]


Glufosinate; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of 
glufosinate in or on tropical and subtropical, medium to large fruit, 
edible peel, subgroup 23B; tropical and subtropical, medium to large 
fruit, smooth, inedible peel, subgroup 24B; and tropical and 
subtropical, small fruit, inedible peel, subgroup 24A. The regulation 
also establishes tolerances with regional registrations in or on grass, 
forage and grass, hay. The Interregional 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-2022-0014, is available online at 
http://www.regulations.gov or in-person 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 Federal Register 
Office'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-2022-0014 in the subject line on the first 
page of your submission. All objections and requests for a hearing

[[Page 39777]]

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).
    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-2022-0014, 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 http://www.epa.gov/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. Summary of Petitioned-For Tolerances

    In the Federal Register of October 24, 2022 (87 FR 64196) (FRL-
9410-06-OCSPP), EPA issued a document pursuant to FFDCA section 
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide 
petition (PP 1E8960) by IR-4, North Carolina State University, 1730 
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition 
requested that 40 CFR 180.473 be amended to establish tolerances for 
residues of the herbicide glufosinate ammonium, determined by measuring 
the sum of glufosinate ammonium, butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl) monoammonium salt, and its metabolites, 2-
(acetylamino)-4-(hydroxymethyl phosphinyl)butanoic acid, and 3-
(hydroxymethylphosphinyl) propanoic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents in or on the 
following raw agricultural commodities: tropical and subtropical, 
medium to large fruit, edible peel, subgroup 23B at 0.07 parts per 
million (ppm); tropical and subtropical, medium to large fruit, smooth, 
inedible peel, subgroup 24B at 0.2 ppm; and tropical and subtropical, 
small fruit, inedible peel, subgroup 24A at 0.03 ppm. The petition also 
requested that 40 CFR 180.473 be amended to establish tolerances with 
regional registrations for residues of glufosinate ammonium in or on 
grass, forage at 0.15 ppm; and grass, hay at 0.2 ppm. Upon the 
establishment of those tolerances, the petition also requested that EPA 
remove the following tolerances from 40 CFR 180.473: avocado at 0.03 
ppm; banana at 0.30 ppm; banana, pulp at 0.20 ppm; and fig at 0.07 ppm. 
The Notice of Filing referenced a summary of the petition prepared by 
IR-4, which is available in the docket at https://regulations.gov. No 
comments were received in response to the Notice of Filing.
    Based upon review of the data supporting the petition, EPA is 
establishing two tolerances at a different level than the petitioner 
requested. In addition, EPA is establishing tolerances for glufosinate 
rather than glufosinate ammonium. The reasons for these changes are 
explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue . . 
. .''
    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 glufosinate including exposure resulting from 
the tolerances established by this action. EPA's assessment of 
exposures and risks associated with glufosinate follows.
    In an effort to streamline its publications in the Federal 
Register, EPA is not reprinting sections that repeat what has been 
previously published in 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 glufosinate in 
which EPA concluded, based on the available information, that there is 
a reasonable certainty that no harm would result from aggregate 
exposure to glufosinate and established tolerances for residues of that 
chemical. In this rulemaking, EPA is incorporating previously published 
sections from the September 21, 2022, rulemaking (87 FR 57621) (FRL-
9521-01-OCSPP) as described further below, as they remain unchanged.
    Toxicological Profile. For a discussion of the Toxicological 
Profile of glufosinate, see Unit III.A. of the September 21, 2022, 
rulemaking.
    Toxicological Points of Departure/Levels of Concern. For a summary 
of the Toxicological Points of Departure/Levels of Concern used for the 
human risk assessment, see Unit III.B. of the September 21, 2022, 
rulemaking and pages 12-13 of the document titled ``Glufosinate. Human 
Health Risk Assessment for Proposed New Use on tropical and 
subtropical, medium to large fruit, edible peel, subgroup 23B; tropical 
and subtropical, medium to large fruit, smooth, inedible peel, subgroup 
24B; tropical and subtropical, small fruit, inedible peel, subgroup 
24A; and a new regional use on grass (seed crop)'' (hereinafter 
``Glufosinate Human Health Risk Assessment'') in docket ID number EPA-
HQ-OPP-2022-0014.
    Exposure Assessment. Much of the exposure assessment remains the 
same, although updates have occurred to account for exposures from the 
petitioned-for tolerances. These updates are discussed in this section; 
for a description of the rest of the EPA approach to and assumptions 
for the exposure assessment, please reference Unit III.C. of the 
September 21, 2022, rulemaking.
    EPA's dietary exposure assessments have been updated to include the 
additional exposures from the new uses

[[Page 39778]]

of glufosinate on tropical and subtropical, medium to large fruit, 
edible peel, subgroup 23B; tropical and subtropical, medium to large 
fruit, smooth, inedible peel, subgroup 24B; and tropical and 
subtropical, small fruit, inedible peel, subgroup 24A; and a new 
regional use on grass (forage and hay). In conducting the acute dietary 
exposure assessment, EPA used the Dietary Exposure Evaluation Model 
software with the Food and Commodity Intake Database (DEEM-FCID) 
Version 4.02. This software uses the 2005-2010 food consumption data 
from the U.S. Department of Agriculture's (USDA's) National Health and 
Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA). 
The acute dietary exposure assessment is unrefined, assuming tolerance 
level residues and 100 percent crop treated (PCT) for all crop and 
livestock commodities.
    The chronic dietary exposure assessment also uses the DEEM-FCID 
Version 4.02 software with the NHANES/WWEIA data. The chronic dietary 
exposure assessment is refined and uses the same assumptions as Unit 
III.C.1.ii. in the September 21, 2022, rulemaking; specifically, 
anticipated residues based on average field trial residue levels for 
plant raw agricultural commodities, PCT information where available, 
and experimentally determined processing factors where available. 
Anticipated residues for livestock commodities were also calculated and 
incorporated into the assessment.
    Anticipated residue and PCT information. For a discussion of the 
FFDCA requirements regarding use of anticipated residue and PCT 
information and the PCT assumptions used in the chronic dietary 
exposure assessment, see Unit III.C.1.iv. of the September 21, 2022, 
rulemaking.
    Drinking Water Exposure. The new uses do not result in an increase 
in the estimated residue levels in drinking water, so EPA used the same 
estimated drinking water concentrations in the acute and chronic 
dietary exposure assessments as identified in Unit III.C.2. of the 
September 21, 2022, rulemaking.
    Non-Occupational Exposure. There are no new proposed residential 
(non-occupational) uses for glufosinate at this time; however, 
glufosinate is currently registered for uses that could result in 
residential handler and post-application exposures, including use on 
lawn and turf as well as recreational sites such as golf courses. For a 
summary of those exposures, see Unit III.C.3. of the September 21, 
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 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 glufosinate and any other substances, and 
glufosinate does not appear to produce a toxic metabolite produced by 
other substances. For purposes of this tolerance action, therefore, EPA 
has not assumed that glufosinate 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 to 1X for acute dietary 
exposure. For all other exposure scenarios, EPA is retaining a 10X FQPA 
safety factor. See Unit III.D. of the September 21, 2022, rulemaking 
for a discussion of the Agency's rationale for that determination.
    Aggregate Risk 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 the 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 risks are below the Agency's level of concern of 100% 
of the aPAD; they are 26% of the aPAD for females 13-49 years old, the 
only population subgroup for which an acute toxic effect was 
identified. Chronic dietary risks are below the Agency's level of 
concern of 100% of the cPAD; they are 66% of the cPAD for all infants, 
the most highly exposed population subgroup.
    The short-term aggregate exposure assessment includes dietary (food 
and drinking water) and dermal exposure from high contact lawn activity 
on treated lawns for adults and dermal plus incidental oral exposure 
from high contact lawn activity on treated lawns for children 1 to less 
than 2 years old. The short-term aggregate MOE for adults is 4,600 and 
is not of concern because it is equal to or greater than the Agency's 
level of concern of 1,000. The short-term aggregate MOE for children 1 
to less than 2 years old is 1,000. This is also not of concern because 
an MOE equal to or greater than the level of concern of 1,000 is not of 
concern.
    Glufosinate is classified as ``Not Likely To Be Carcinogenic to 
Humans'' based on the lack of evidence of a treatment-related increase 
in tumors in two adequate rodent carcinogenicity studies.
    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 glufosinate residues. More detailed information 
on this action can be found in the Glufosinate Human Health Risk 
Assessment in docket ID EPA-HQ-OPP-2022-0014.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method for 
various crops, see Unit IV.A. of the September 21, 2022, 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. tolerance for glufosinate residues in or on tropical and 
subtropical, medium to large fruit, edible peel, subgroup 23B is 
harmonized with the corresponding Codex MRL at 0.1 ppm and the U.S. 
tolerance for glufosinate residues in or on tropical and subtropical, 
small fruit, inedible peel, subgroup 24A is harmonized with the 
corresponding Codex MRL at 0.1 ppm. Additionally, the U.S. tolerance 
for glufosinate residues in or on tropical and subtropical, medium to 
large fruit, smooth, inedible peel, subgroup 24B is harmonized with the 
established Codex MRLs for banana and plantain at 0.2 ppm. The Codex 
MRLs for the other commodities in subgroup 24B are at 0.1 ppm. It is 
not possible to harmonize with the lower Codex MRLs for these 
commodities because doing so would put U.S. growers at risk of having 
violative residues despite legal use of the pesticide according to the 
label.

[[Page 39779]]

There are no Codex MRLs for grass commodities.

C. Revisions to Petitioned-For Tolerances

    A tolerance of 0.1 ppm is being established for tropical and 
subtropical, medium to large fruit, edible peel, subgroup 23B rather 
than 0.07 ppm as requested. A tolerance of 0.1 ppm is being established 
for tropical and subtropical, small fruit, inedible peel, subgroup 24A 
rather than 0.03 ppm as requested. EPA is establishing these tolerances 
at different levels than requested to harmonize with the Codex MRL.
    In addition, EPA is establishing tolerances for glufosinate, rather 
than glufosinate ammonium as requested. As explained in Unit III.V. of 
the September 21, 2022, rulemaking, EPA revised the tolerance 
expressions for glufosinate in 40 CFR 180.473 to clarify that the 
tolerance for the active ingredient will be referred to as glufosinate 
(i.e., the racemic mixture). Glufosinate is a racemic mixture of the D- 
and L-enantiomers, with the L-enantiomer being responsible for its 
herbicidal activity. Glufosinate can exist in multiple forms, including 
the acid, ammonium, and sodium forms; other salt forms of glufosinate 
may be possible as well. While there are presently only registrations 
for the ammonium form of glufosinate, future registration requests may 
be submitted for the acid, sodium, or other forms. The tolerances for 
glufosinate established in this action would cover all these forms.

D. International Trade Considerations

    In this rule, EPA is establishing a tolerance for glufosinate 
residues in or on tropical and subtropical, medium to large fruit, 
smooth, inedible peel, subgroup 24B at 0.2 ppm, which is lower than the 
established tolerance for banana at 0.30 ppm. The subgroup 24B 
tolerance of 0.2 ppm is supported by residue data provided by the 
petitioner at a new proposed use pattern/rate that is different than 
the use pattern/rate that supported the established tolerance of 0.30 
ppm.
    In accordance with the World Trade Organization's (WTO) Sanitary 
and Phytosanitary Measures (SPS) Agreement, EPA intends to notify the 
WTO of the changes to these tolerances in order to satisfy its 
obligations under the Agreement. In addition, the SPS Agreement 
requires that Members provide a ``reasonable interval'' between the 
publication of a regulation subject to the Agreement and its entry into 
force to allow time for producers in exporting Member countries to 
adapt to the new requirement. Accordingly, EPA is establishing an 
expiration date for the existing banana tolerances to allow this 
tolerance to remain in effect for a period of six months after the 
effective date of this final rule. At the end of the six-month period, 
the banana tolerance will expire, as indicated in the regulatory text, 
and residues on banana must conform to the tolerance for tropical and 
subtropical, medium to large fruit, smooth, inedible peel, subgroup 
24B. This reduction in tolerance level is not discriminatory; the same 
food safety standard contained in the FFDCA applies equally to 
domestically produced and imported foods. The new tolerance level is 
supported by available residue data.

V. Conclusion

    Therefore, tolerances are established for residues of glufosinate, 
(2-amino-4-(hydroxymethylphosphinyl)butanoic acid) and its metabolites, 
2-(acetylamino)-4-(hydroxymethyl phosphinyl) butanoic acid, and 3-
(hydroxymethylphosphinyl) propanoic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents, in or on tropical 
and subtropical, medium to large fruit, edible peel, subgroup 23B at 
0.1 ppm; tropical and subtropical, medium to large fruit, smooth, 
inedible peel, subgroup 24B at 0.2 ppm; and tropical and subtropical, 
small fruit, inedible peel, subgroup 24A at 0.1 ppm. Tolerances with 
regional registrations are being established for residues of 
glufosinate in or on grass, forage at 0.15 ppm; and grass, hay at 0.2 
ppm.
    Tolerances are also removed for the following commodities due to 
the establishment of tolerances for the above commodities: avocado at 
0.1 ppm; banana at 0.30 ppm, which will expire six months after the 
effective date of this final rule, as explained above; banana, pulp at 
0.20 ppm; and fig at 0.1 ppm.

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 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

[[Page 39780]]

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 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.  180.473:
0
a. Amend Table 1 to Paragraph (a) by:
0
i. Removing the entry for ``Avocado'';
0
ii. Revising the entry for ``Banana'';
0
iii. Removing the entries for ``Banana, pulp'' and ``Fig''; and
0
iv. Adding in alphabetical order the entries ``Tropical and 
subtropical, medium to large fruit, edible peel, subgroup 23B''; 
``Tropical and subtropical, medium to large fruit, smooth, inedible 
peel, subgroup 24B''; and ``Tropical and subtropical, small fruit, 
inedible peel, subgroup 24A'';
0
b. Revising paragraph (c); and
0
c. Amending paragraph (d) by designating the table as table 3.
    The additions and revisions read as follows:


Sec.  180.473  Glufosinate; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Banana \1\..............................................            0.30
 
                              * * * * * * *
Tropical and subtropical, medium to large fruit, edible              0.1
 peel, subgroup 23B.....................................
Tropical and subtropical, medium to large fruit, smooth,             0.2
 inedible peel, subgroup 24B............................
 
                              * * * * * * *
Tropical and subtropical, small fruit, inedible peel,                0.1
 subgroup 24A...........................................
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ This tolerance expires on December 20, 2023.

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registrations are established for residues of glufosinate, 
including its metabolites and degradates, in or on the commodities in 
the following table. Compliance with the tolerance levels specified in 
the following table is to be determined by measuring the sum of 
glufosinate, (2-amino-4-(hydroxymethylphosphinyl)butanoic acid) and its 
metabolites, 2-(acetylamino)-4-(hydroxymethyl phosphinyl) butanoic 
acid, and 3-(hydroxymethylphosphinyl) propanoic acid, expressed as 2-
amino-4-(hydroxymethylphosphinyl)butanoic acid equivalents.

                        Table 2 to Paragraph (c)
------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Grass, forage...............................................        0.15
Grass, hay..................................................         0.2
------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-12926 Filed 6-16-23; 8:45 am]
BILLING CODE 6560-50-P


