83 FR 39605 - Picoxystrobin; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range		39605-39610
FR Document		2018-17192

This regulation establishes tolerances for residues of picoxystrobin in or on multiple commodities that are identified and discussed later in this document. E.I. DuPont De Nemours and Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)

[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39605-39610]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-17192]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0429; FRL-9980-47]

Picoxystrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
picoxystrobin in or on multiple commodities that are identified and
discussed later in this document. E.I. DuPont De Nemours and Company
requested these tolerances under the Federal Food, Drug, and Cosmetic
Act (FFDCA).

DATES: This regulation is effective August 10, 2018. Objections and
requests for hearings must be received on or before October 9, 2018,
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-2017-0429, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).

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

You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP
test guidelines referenced in this document electronically, please go
to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

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

Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0429 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
October 9, 2018. 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-2017-0429, 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/contacts.html.
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 Tolerance

In the Federal Register of November 27, 2017 (82 FR 56017) (FRL-
9968-55), 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
7F8557) by E.I. Du Pont De Nemours and Company, Chestnut Run Plaza, 974
Centre Road, Wilmington, DE 19805. The petition requested 40 CFR
180.669 be amended by establishing tolerances for residues of the
fungicide picoxystrobin, methyl ([alpha]E)-[alpha]-(methoxymethylene)-
2-[[[6-(trifluoromethyl)-2-pyridinyl]oxy]methyl]benzeneacetate, in or
on alfalfa, forage at 4 parts per million (ppm); alfalfa, hay at 5 ppm;
alfalfa, seed at 9 ppm; almond hulls at 15 ppm; cotton, gin by-products
at 40 ppm; cottonseed (Crop Subgroup 20C) at 4 ppm; grass, forage
(Grown for Seed) at 40 ppm; grass, hay (Grown for Seed) at 80 ppm; head
lettuce at 7 ppm; onion, bulb (Crop Subgroup 3-07A) at 0.8 ppm; onion,
green (Crop Subgroup 3-07B) at 15 ppm; pea and bean, succulent shelled
(Crop Subgroup 6B) at 3 ppm; peanut at 0.1 ppm; peanut, hay at 40 ppm;
sunflower (Crop Subgroup 20B) at 3 ppm; tree nut except hulls (Crop
Group 14-12) at 0.15 ppm; vegetable, brassica head and stem (Crop Group
5-16) at 5 ppm; vegetable, cucurbit (Crop Group 9) at 0.7 ppm;
vegetable, fruiting (Crop Group 8-10) at 1.5 ppm; vegetable, leaf
petiole (Crop Subgroup 22B) at 40 ppm; vegetable, leafy except head
lettuce (Crop Group 4-16) at 60 ppm; vegetable, leaves of root and
tuber (Crop Group 2) at 40 ppm; vegetable, legume, edible podded (Crop
Subgroup 6A) at 4 ppm; vegetable, root (Crop Subgroup 1A) at 0.6 ppm;
and vegetable, tuberous and corm (Crop Subgroup 1C) at 0.06 ppm. That
document referenced a summary of the petition prepared by E.I. Du Pont
De Nemours and Company, the registrant, which is available in the
docket, http://www.regulations.gov.

[[Page 39606]]

Comments were received on the notice of filing. EPA's response to these
comments is discussed in Unit IV.C.
Notice of this same petition was provided again in the Federal
Register of January 26, 2018 (83 FR 3658) (FRL-9971-46). The only
difference between the two notifications is that the second
notification spelled out the analytical method, whereas the November
2017 notification used just the abbreviations. Both documents provided
notice for the same petition and same tolerances. That document is also
available in the docket, http://www.regulations.gov. One comment was
received on this second notification, but it did not raise any issues
relevant to this rulemaking.
Based upon review of the data supporting the petition, EPA is
establishing tolerances at levels lower than requested, except for the
commodities of alfalfa forage, hay, and seed, and using commodity terms
consistent with the Agency's food and feed commodity vocabulary. The
reasons for these changes are explained in Unit IV.D.

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 in FFDCA section 408(b)(2)(D), 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 picoxystrobin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with picoxystrobin
follows.

A. Toxicological Profile

EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
The most consistently observed effects of picoxystrobin exposure
across species, genders, and treatment durations were decreased body-
weight, body-weight gain and food consumption, and diarrhea. The
effects on body-weight and food consumption were consistent with the
commonly observed findings for compounds that disrupt the mitochondria
respiration system and the resulting disruption of energy production.
Similar to some other strobilurins, picoxystrobin causes intestinal
disturbance as indicated by increased incidence of diarrhea or duodenum
mucosal thickening. These intestinal effects appeared to be related to
the irritating action on the mucus membranes as demonstrated by severe
eye irritation effect seen in the primary eye irritation study on
picoxystrobin.
In the rat, developmental toxicity was expressed as misaligned 5th
sternebrae at doses causing maternal toxicity (i.e. diarrhea and
decreased body weight gain, and food consumption). In the rabbit,
developmental toxicity seen at doses causing maternal toxicity (i.e.
decreased body weight and clinical signs of toxicity) consisted of long
13th rib length and incompletely ossified odontoids and 27 pre-pelvic
vertebrae. In the reproduction study, parental/systemic toxicity
manifested as decreased body weight and body weight gain in both the
parents and offspring; no reproductive toxicity was seen.
There was no evidence that picoxystrobin directly affects the
nervous system; behavioral changes observed in the acute and subchronic
neurotoxicity studies were attributed to general malaise. Picoxystrobin
has no effects on the immune system in rats and mice, and is not
mutagenic or genotoxic. No adverse dermal or systemic effects were
identified in the rat following dermal exposure at the limit-dose. In
the inhalation toxicity study, rats showed no portal of entry,
respiratory or systemic toxicity. Chronic picoxystrobin exposure
induced a treatment-related increase in testicular interstitial cell
benign tumors in male rats at the high-dose only. No tumors were seen
in female rats or in male and female mice, and there is no mutagenic
concern. Based on this information, EPA has classified picoxystrobin as
``suggestive evidence of carcinogenic potential'', for which
quantification of cancer risk based on a non-linear approach (i.e., the
chronic reference doses (RfD)) is appropriate. Use of the chronic RfD
will adequately account for all chronic toxicity, including
carcinogenicity, that could result from exposure to picoxystrobin.
Specific information on the studies received and the nature of the
adverse effects caused by picoxystrobin as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document ``Picoxystrobin: Human Health Risk
Assessment for Proposed New Uses on Root Vegetables, Subgroup 1A;
Tuberous and Corm Vegetables, Subgroup 1C; Leaves of Root and Tuber
Vegetables, Group 2; Bulb Onion, Subgroup 3-07A; Green Onion, Subgroup
3-07B; Leafy Vegetables, except Head Lettuce, Group 4-16; Head and Stem
Brassica Vegetables, Group 5-16; Edible Podded Legume Vegetables,
Subgroup 6A; Succulent Shelled Pea and Bean, Subgroup 6B; Fruiting
Vegetables, Group 8-10; Cucurbit Vegetables, Group 9; Tree Nuts, Group
14-12; Sunflower, Subgroup 20B; Cottonseed, Subgroup 20C; Leaf Petiole
Vegetables, Subgroup 22B; Head Lettuce; Almond; Alfalfa; Peanut; and
Grass, Forage, Fodder, and Hay, Group 17'' in docket ID number EPA-HQ-
OPP-2017-0429.

B. Toxicological Points of Departure/Levels of Concern

Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some

[[Page 39607]]

degree of risk. Thus, the Agency estimates risk in terms of the
probability of an occurrence of the adverse effect expected in a
lifetime. For more information on the general principles EPA uses in
risk characterization and a complete description of the risk assessment
process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides. A summary of
the toxicological endpoints for picoxystrobin used for human risk
assessment is shown in Table 1 of this unit.

Table 1--Summary of Toxicological Doses and Endpoints for Picoxystrobin for Use in Human Health Risk Assessment
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Point of departure and
Exposure/scenario uncertainty/safety RfD, PAD, LOC for risk Study and toxicological
factors assessment effects
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Acute dietary (Females 13-50 years of An acute dietary risk assessment is not required since no endpoint
age). attributable to a single exposure was identified from the relevant
studies.
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Acute dietary (General population UFA = 10x.............. Acute RfD/aPAD = 0.2 mg/ Acute Neurotoxicity--
including infants and children). UFH = 10x.............. kg/day. Rat
FQPA SF/UFL = 10x...... LOAEL = 200 mg/kg/day
based on low arousal
and decreased motor
activities in males,
decreased rearing in
females, in addition
to decreased
bodyweight gain and
food consumption in
both sexes on Day 1.
Chronic dietary (All populations).... NOAEL= 4.6 mg/kg/day Chronic RfD = 0.046 mg/ Chronic Toxicity--Dog
UFA = 10x. kg/day. LOAEL = 15.7 mg/kg/day
UFH = 10x.............. cPAD = 0.046 mg/kg/day. based on decreased
FQPA SF = 1x........... body weights, body
weight gains, and food
consumption in both
sexes.
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Cancer (Oral, dermal, inhalation).... ``Suggestive Evidence of Carcinogenic Potential'' based on tumors in one
species and one sex: a treatment-related increase in testicular
interstitial cell benign tumors in high dose male rats. Quantification
of cancer risk is based on a non-linear (i.e., RfD) approach.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
UFA = extrapolation from animal to human (interspecies). UFL = use of a LOAEL to extrapolate a NOAEL.

C. Exposure Assessment

1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to picoxystrobin, EPA considered exposure under the
petitioned-for tolerances as well as all existing picoxystrobin
tolerances in 40 CFR 180.669. EPA assessed dietary exposures from
picoxystrobin in food as follows:
i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for picoxystrobin. In estimating acute dietary exposure, EPA used food
consumption information from the United States Department of
Agriculture (USDA) National Health and Nutrition Examination Survey,
What We Eat in America, (NHANES/WWEIA). As to residue levels in food,
EPA's assumption of this dietary assessment included tolerance-level
residues for all crops. In addition, default processing factors and
100% percent crop treated (PCT) were assumed for all commodities.
ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1994-1996
and 1998 CSFII. As to residue levels in food, EPA used tolerance-level
residues for all crops. In addition, default processing factors and 100
PCT were assumed for all commodities.
iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that a linear (RfD) approach is appropriate for assessing
cancer risk to picoxystrobin. Cancer risk was assessed using the same
exposure estimates as discussed in Unit III.C.1.ii., chronic exposure.
iv. Anticipated residue and PCT information. EPA did not use
anticipated residue and/or PCT information in the dietary assessment
for picoxystrobin. Tolerance-level residues and/or 100 PCT were assumed
for all food commodities.
2. Dietary exposure from drinking water. The Agency used screening-
level water exposure models in the dietary exposure analysis and risk
assessment for picoxystrobin in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of picoxystrobin. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
Based on the Surface Water Concentration Calculator (SWCC) and
Pesticide Root Zone Model Ground Water (PRZM GW), the estimated
drinking water concentrations (EDWCs) of picoxystrobin for acute
exposures are estimated to be 15.7 parts per billion (ppb) for surface
water and 1.40 ppb for ground water. Chronic exposures for non-cancer
assessments are estimated to be 5.53 ppb for surface water and 1.36 ppb
for ground water.
Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 15.7 ppb was used to
assess the contribution to drinking water. For chronic dietary risk
assessment, the water concentration of value 5.53 ppb was used to
assess the contribution to drinking water.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control,

[[Page 39608]]

indoor pest control, termiticides, and flea and tick control on pets).
Picoxystrobin is not registered for any specific use patterns that
would result in residential exposure.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' EPA has not found
picoxystrobin to share a common mechanism of toxicity with any other
substances, and picoxystrobin does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that picoxystrobin does
not have a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10X, or uses a different additional
safety factor when reliable data available to EPA support the choice of
a different factor.
2. Prenatal and postnatal sensitivity. The prenatal and postnatal
toxicity studies include rat and rabbit prenatal developmental studies
in addition to reproduction and fertility effects studies in rats. In
the rat- and rabbit-developmental toxicity studies, developmental
toxicity was expressed as skeletal variations at doses causing maternal
toxicity (i.e. diarrhea, decreased body-weight, body-weight gain, food
consumption, and clinical signs of toxicity). In the reproduction
study, parental/systemic toxicity manifested as decreased body-weight
and body-weight gain in both the parents and offspring. No evidence of
increased susceptibility/sensitivity is seen in any of these studies.
3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1x for chronic dietary. For acute dietary
exposures for the general population, including infants and children
where the acute neurotoxicity study is used as an endpoint for risk
assessment, EPA is retaining a 10x FQPA SF. That decision is based on
the following findings:
i. The toxicity database for picoxystrobin is complete, except for
the lack of a NOAEL in the acute neurotoxicity test, which is used to
establish a toxicological endpoint for acute dietary exposure
scenarios.
ii. Although there is some effect on behavior after exposure to
picoxystrobin, EPA has concluded that picoxystrobin is not a neurotoxic
chemical due to lack of neuropathological findings; there is no need
for a developmental neurotoxicity study or additional UFs to account
for neurotoxicity.
iii. There is no evidence that picoxystrobin results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 PCT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground and surface water modeling used
to assess exposure to picoxystrobin in drinking water. These
assessments will not underestimate the exposure and risks posed by
picoxystrobin.

E. 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 PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to picoxystrobin will occupy 23% of the aPAD for children 1-2 years
old, the population group receiving the greatest exposure.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
picoxystrobin from food and water will utilize 36% of the cPAD for
children 1-2 years old, the population group receiving the greatest
exposure. There are no residential uses for picoxystrobin.
3. Short- and intermediate-term risk. Short- and intermediate-term
aggregate exposure takes into account residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). Because no short-term or intermediate-term adverse effect was
identified and picoxystrobin is not registered for any residential
uses, picoxystrobin is not expected to pose a short- or intermediate-
term risk.
4. Aggregate cancer risk for U.S. population. The Agency considers
the chronic aggregate risk assessment, making use of the cPAD, to be
protective of any aggregate cancer risk. As chronic risks are below the
Agency's level of concern, the Agency concludes there is no cancer risk
of concern from aggregate exposure to picoxystrobin.
5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to picoxystrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

Adequate enforcement methodology (high-performance liquid
chromatography with tandem mass spectrometry (HPLC/ESI-MS/MS)) is
available to enforce the tolerance expression.
The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-2905; email address:
residuemethods@epa.gov.

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).

[[Page 39609]]

The Codex Alimentarius is a joint United Nations Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level. The Codex has not established a MRL
for picoxystrobin.

C. Response to Comments

Comments were received in response to the Notices of Filing of E.I.
Du Pont De Nemours and Company's petition. Two comments were filed
within the comment period, one irrelevant and one expressing confusion
about whether this action duplicated a previous action. The comment
copied an excerpt from a tolerance rulemaking that was finalized in
2012; the tolerances requested in this petition are not the same as
those finalized in 2012. Several other comments were submitted after
the comment period had closed.

D. Revisions to Petitioned-For Tolerances

The Agency has revised several of the commodity definitions to be
consistent with the food and feed commodity vocabulary the Agency uses
to establish tolerances. The Agency is also establishing tolerance
levels that are slightly lower than the petitioner requested because
Agency calculated tolerances (except alfalfa and sorghum) using
proportionality to extrapolate data which would be reflective of a 1x
maximum annual application rate rather the exaggerated application
rates in the field trial studies for the following commodities: Almond
hulls at 15 ppm to almond, hulls at 7.0 ppm; cotton, gin by-products at
40 ppm to cotton gin byproducts at 20 ppm; cottonseed (Crop Subgroup
20C) at 4 ppm to cottonseed subgroup 20C at 2.0 ppm; head lettuce at 7
ppm to lettuce, head at 4.0 ppm; onion, bulb (Crop Subgroup 3-07A) at
0.8 ppm to onion, bulb, subgroup 3-07A at 0.50 ppm; onion, green (Crop
Subgroup 3-07B) at 15 ppm to onion, green, subgroup 3-07B at 10 ppm;
pea and bean, succulent shelled (Crop Subgroup 6B) at 3 ppm to pea and
bean, succulent shelled, subgroup 6B at 0.90 ppm; peanut at 0.1 ppm to
0.05 ppm; peanut, hay at 40 ppm to 30 ppm; sunflower (Crop Subgroup
20B) at 3 ppm to sunflower subgroup 20B to 2.0 ppm; tree nut except
hulls (Crop Group 14-12) at 0.15 ppm to nut, tree, group 14-12 at 0.08
ppm; vegetable, brassica head and stem (Crop Group 5-16) at 5 ppm to
vegetable, brassica, head and stem, group 5-16 at 2.0 ppm; vegetable,
cucurbit (Crop Group 9) at 0.7 ppm to vegetable, cucurbit, group 9 at
0.30 ppm; vegetable, fruiting (Crop Group 8-10) at 1.5 ppm to
vegetable, fruiting, group 8-10 at 0.70 ppm; vegetable, leaf petiole
(Crop Subgroup 22B) at 40 ppm to leaf petiole vegetable subgroup 22B at
20 ppm; vegetable, leafy except head lettuce (Crop Group 4-16) at 60
ppm to vegetable, leafy, group 4-16, except lettuce, head at 30 ppm;
vegetable, leaves of root and tuber (Crop Group 2) at 40 ppm to
vegetable, leaves of root and tuber, group 2 at 30 ppm; vegetable,
legume, edible podded (Crop Subgroup 6A) at 4 ppm to vegetable, legume,
edible podded, subgroup 6A at 2.0 ppm; vegetable, root (Crop Subgroup
1A) at 0.6 ppm to vegetable, root, subgroup 1A at 0.50 ppm; and
vegetable, tuberous and corm (Crop Subgroup 1C) at 0.06 ppm to
vegetable, tuberous and corm, subgroup 1C at 0.03 ppm.
For alfalfa, forage, hay, and seed, the tolerances have been
modified to represent the appropriate number of significant figures;
however, the numerical value is no different than requested by the
petition.
The petition requested ``grass, forage (Grown for Seed)'' at 40 ppm
and ``grass, hay (Grown for Seed)'' at 80 ppm. Because ``grass grown
for seed'' is ambiguous, the Agency is establishing individual
tolerances for the hay and forage forms of specific grasses for which
residue data were submitted and that are grown for seed purposes:
Bluegrass, forage at 30 ppm; bluegrass, hay at 60 ppm, bromegrass,
forage at 30 ppm; bromegrass, hay at 60 ppm; fescue, forage at 30 ppm;
fescue, hay at 60 ppm; orchardgrass, forage at 30 ppm; orchardgrass,
hay at 60 ppm; ryegrass, forage at 30 ppm; ryegrass, hay at 60 ppm;
switchgrass, forage at 30 ppm; and switchgrass, hay at 60 ppm.
EPA is also establishing tolerances for beet, sugar, dried pulp at
1.5 ppm and potato, wet peel at 0.10 ppm, pursuant to 40 CFR
180.40(f)(1)(i)(A). These tolerances are necessary to cover
concentrated residues in processed commodities of raw agricultural
commodities contained in subgroups 1A and 1C, respectively.

V. Conclusion

Therefore, tolerances are established for residues of
picoxystrobin, methyl ([alpha]E)-[alpha]-(methoxymethylene)-2-[[[6-
(trifluoromethyl)-2-pyridinyl]oxy]methyl]benzeneacetate, in or on
alfalfa, forage at 4.0 ppm; alfalfa, hay at 5.0 ppm; alfalfa, seed at
9.0 ppm; almond, hulls at 7.0 ppm; beet, sugar, dried pulp at 1.5 ppm;
bluegrass, forage at 30 ppm; bluegrass, hay at 60 ppm; bromegrass,
forage at 30 ppm; bromegrass, hay at 60 ppm; cotton, gin byproducts at
20 ppm; cottonseed subgroup 20C at 2.0 ppm; fescue, forage at 30 ppm;
fescue, hay at 60 ppm; leaf petiole vegetable subgroup 22B at 20 ppm;
lettuce, head at 4.0 ppm; nut, tree, group 14-12 at 0.08 ppm; onion,
bulb, subgroup 3-07A at 0.50 ppm; onion, green, subgroup 3-07B at 10
ppm; orchardgrass, forage at 30 ppm; orchardgrass, hay at 60 ppm; pea
and bean, succulent shelled, subgroup 6B at 0.90 ppm; peanut at 0.05
ppm; peanut, hay at 30 ppm; potato, wet peel at 0.10 ppm; ryegrass,
forage at 30 ppm; ryegrass, hay at 60 ppm; sunflower subgroup 20B to
2.0 ppm; switchgrass, forage at 30 ppm; switchgrass, hay at 60 ppm;
vegetable, brassica, head and stem, group 5-16 at 2.0 ppm; vegetable,
cucurbit, group 9 at 0.30 ppm; vegetable, fruiting, group 8-10 at 0.70
ppm; vegetable, leafy, group 4-16, except lettuce, head at 30 ppm;
vegetable, leaves of root and tuber, group 2 at 30 ppm; vegetable,
legume, edible podded, subgroup 6A at 2.0 ppm; vegetable, root,
subgroup 1A at 0.50 ppm; and vegetable, tuberous and corm, subgroup 1C
at 0.03 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), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). 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

[[Page 39610]]

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: July 25, 2018.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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. 180.669, add alphabetically the following commodities:
Alfalfa, forage; Alfalfa, hay; Alfalfa, seed; Almond, hulls; Beet,
sugar, dried pulp; Bluegrass, forage; Bluegrass, hay; Bromegrass,
forage; Bromegrass, hay; Cotton, gin byproducts; Cottonseed subgroup
20C; Fescue, forage; Fescue, hay; Leaf petiole vegetable subgroup 22B;
Lettuce, head; Nut, tree, group 14-12; Onion, bulb, subgroup 3-07A;
Onion, green, subgroup 3-07B; Orchardgrass, forage; Orchardgrass, hay;
Pea and bean, succulent shelled, subgroup 6B; Peanut; Peanut, hay;
Potato, wet peel; Ryegrass, forage; Ryegrass, hay; Sunflower subgroup
20B; Switchgrass, forage; Switchgrass, hay; Vegetable, brassica, head
and stem, group 5-16; Vegetable, cucurbit, group 9; Vegetable,
fruiting, group 8-10; Vegetable, leafy, group 4-16, except lettuce,
head; Vegetable, leaves of root and tuber, group 2; Vegetable, legume,
edible podded, subgroup 6A; Vegetable, root, subgroup 1A; and
Vegetable, tuberous and corm, subgroup 1C to the table in paragraph (a)
to read as follows:

Sec. 180.669 Picoxystrobin; tolerances for residues.

(a) * * *

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage............................................. 4.0
Alfalfa, hay................................................ 5.0
Alfalfa, seed............................................... 9.0
Almond, hulls............................................... 7.0

* * * * *
Beet, sugar, dried pulp..................................... 1.5
Bluegrass, forage........................................... 30
Bluegrass, hay.............................................. 60
Bromegrass, forage.......................................... 30
Bromegrass, hay............................................. 60

* * * * *
Cotton, gin byproducts...................................... 20
Cottonseed subgroup 20C..................................... 2.0

* * * * *
Fescue, forage.............................................. 30
Fescue, hay................................................. 60

* * * * *
Leaf petiole vegetable subgroup 22B......................... 20
Lettuce, head............................................... 4.0

* * * * *
Nut, tree, group 14-12...................................... 0.08
Onion, bulb, subgroup 3-07A................................. 0.50
Onion, green, subgroup 3-07B................................ 10
Orchardgrass, forage........................................ 30
Orchardgrass, hay........................................... 60

* * * * *
Pea and bean, succulent shelled, subgroup 6B................ 0.90
Peanut...................................................... 0.05
Peanut, hay................................................. 30
Potato, wet peel............................................ 0.10

* * * * *
Ryegrass, forage............................................ 30
Ryegrass, hay............................................... 60

* * * * *
Sunflower subgroup 20B...................................... 2.0
Switchgrass, forage......................................... 30
Switchgrass, hay............................................ 60

* * * * *
Vegetable, brassica, head and stem, group 5-16.............. 2.0
Vegetable, cucurbit, group 9................................ 0.30

* * * * *
Vegetable, fruiting, group 8-10............................. 0.70
Vegetable, leafy, group 4-16, except lettuce, head.......... 30
Vegetable, leaves of root and tuber, group 2................ 30
Vegetable, legume, edible podded, subgroup 6A............... 2.0
Vegetable, root, subgroup 1A................................ 0.50
Vegetable, tuberous and corm, subgroup 1C................... 0.03

* * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-17192 Filed 8-9-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 39605

* * * * * pesticide manufacturer. The following information you consider to be CBI or
[FR Doc. 2018–17078 Filed 8–9–18; 8:45 am] list of North American Industrial other information whose disclosure is
BILLING CODE 6560–50–P Classification System (NAICS) codes is restricted by statute.
not intended to be exhaustive, but rather • Mail: OPP Docket, Environmental
provides a guide to help readers Protection Agency Docket Center (EPA/
ENVIRONMENTAL PROTECTION determine whether this document DC), (28221T), 1200 Pennsylvania Ave.
AGENCY applies to them. Potentially affected NW, Washington, DC 20460–0001.
entities may include: • Hand Delivery: To make special
40 CFR Part 180 • Crop production (NAICS code 111). arrangements for hand delivery or
• Animal production (NAICS code delivery of boxed information, please
[EPA–HQ–OPP–2017–0429; FRL–9980–47]
112). follow the instructions at http://
Picoxystrobin; Pesticide Tolerances • Food manufacturing (NAICS code www.epa.gov/dockets/contacts.html.
311). Additional instructions on
AGENCY: Environmental Protection • Pesticide manufacturing (NAICS commenting or visiting the docket,
Agency (EPA). code 32532). along with more information about
ACTION: Final rule. dockets generally, is available at http://
B. How can I get electronic access to www.epa.gov/dockets.
SUMMARY: This regulation establishes other related information?
tolerances for residues of picoxystrobin You may access a frequently updated II. Summary of Petitioned-For
in or on multiple commodities that are electronic version of EPA’s tolerance Tolerance
identified and discussed later in this regulations at 40 CFR part 180 through In the Federal Register of November
document. E.I. DuPont De Nemours and the Government Printing Office’s e-CFR 27, 2017 (82 FR 56017) (FRL–9968–55),
Company requested these tolerances site at http://www.ecfr.gov/cgi-bin/text- EPA issued a document pursuant to
under the Federal Food, Drug, and idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ FFDCA section 408(d)(3), 21 U.S.C.
Cosmetic Act (FFDCA). 40tab_02.tpl. To access the OCSPP test 346a(d)(3), announcing the filing of a
DATES: This regulation is effective guidelines referenced in this document pesticide petition (PP 7F8557) by E.I. Du
August 10, 2018. Objections and electronically, please go to http:// Pont De Nemours and Company,
requests for hearings must be received www.epa.gov/ocspp and select ‘‘Test Chestnut Run Plaza, 974 Centre Road,
on or before October 9, 2018, and must Methods and Guidelines.’’ Wilmington, DE 19805. The petition
be filed in accordance with the requested 40 CFR 180.669 be amended
C. How can I file an objection or hearing by establishing tolerances for residues of
instructions provided in 40 CFR part
request? the fungicide picoxystrobin, methyl
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION). Under FFDCA section 408(g), 21 (aE)-a-(methoxymethylene)-2-[[[6-
ADDRESSES: The docket for this action, U.S.C. 346a, any person may file an (trifluoromethyl)-2-
identified by docket identification (ID) objection to any aspect of this regulation pyridinyl]oxy]methyl]benzeneacetate, in
number EPA–HQ–OPP–2017–0429, is and may also request a hearing on those or on alfalfa, forage at 4 parts per
available at http://www.regulations.gov objections. You must file your objection million (ppm); alfalfa, hay at 5 ppm;
or at the Office of Pesticide Programs or request a hearing on this regulation alfalfa, seed at 9 ppm; almond hulls at
Regulatory Public Docket (OPP Docket) in accordance with the instructions 15 ppm; cotton, gin by-products at 40
in the Environmental Protection Agency provided in 40 CFR part 178. To ensure ppm; cottonseed (Crop Subgroup 20C) at
Docket Center (EPA/DC), West William proper receipt by EPA, you must 4 ppm; grass, forage (Grown for Seed) at
Jefferson Clinton Bldg., Rm. 3334, 1301 identify docket ID number EPA–HQ– 40 ppm; grass, hay (Grown for Seed) at
OPP–2017–0429 in the subject line on 80 ppm; head lettuce at 7 ppm; onion,
Constitution Ave. NW, Washington, DC
the first page of your submission. All bulb (Crop Subgroup 3–07A) at 0.8 ppm;
20460–0001. The Public Reading Room
objections and requests for a hearing onion, green (Crop Subgroup 3–07B) at
is open from 8:30 a.m. to 4:30 p.m.,
must be in writing, and must be 15 ppm; pea and bean, succulent
Monday through Friday, excluding legal
received by the Hearing Clerk on or shelled (Crop Subgroup 6B) at 3 ppm;
holidays. The telephone number for the
before October 9, 2018. Addresses for peanut at 0.1 ppm; peanut, hay at 40
Public Reading Room is (202) 566–1744,
mail and hand delivery of objections ppm; sunflower (Crop Subgroup 20B) at
and the telephone number for the OPP
and hearing requests are provided in 40 3 ppm; tree nut except hulls (Crop
Docket is (703) 305–5805. Please review
CFR 178.25(b). Group 14–12) at 0.15 ppm; vegetable,
the visitor instructions and additional
In addition to filing an objection or brassica head and stem (Crop Group 5–
information about the docket available
hearing request with the Hearing Clerk 16) at 5 ppm; vegetable, cucurbit (Crop
at http://www.epa.gov/dockets.
as described in 40 CFR part 178, please Group 9) at 0.7 ppm; vegetable, fruiting
FOR FURTHER INFORMATION CONTACT:
submit a copy of the filing (excluding (Crop Group 8–10) at 1.5 ppm;
Michael L. Goodis, P.E., Registration vegetable, leaf petiole (Crop Subgroup
any Confidential Business Information
Division (7505P), Office of Pesticide 22B) at 40 ppm; vegetable, leafy except
(CBI)) for inclusion in the public docket.
Programs, Environmental Protection head lettuce (Crop Group 4–16) at 60
Information not marked confidential
Agency, 1200 Pennsylvania Ave. NW, ppm; vegetable, leaves of root and tuber
pursuant to 40 CFR part 2 may be
Washington, DC 20460–0001; main (Crop Group 2) at 40 ppm; vegetable,
disclosed publicly by EPA without prior
telephone number: (703) 305–7090; legume, edible podded (Crop Subgroup
notice. Submit the non-CBI copy of your
email address: RDFRNotices@epa.gov. 6A) at 4 ppm; vegetable, root (Crop
objection or hearing request, identified
SUPPLEMENTARY INFORMATION: Subgroup 1A) at 0.6 ppm; and vegetable,
daltland on DSKBBV9HB2PROD with RULES

by docket ID number EPA–HQ–OPP–
I. General Information 2017–0429, by one of the following tuberous and corm (Crop Subgroup 1C)
methods: at 0.06 ppm. That document referenced
A. Does this action apply to me? • Federal eRulemaking Portal: http:// a summary of the petition prepared by
You may be potentially affected by www.regulations.gov. Follow the online E.I. Du Pont De Nemours and Company,
this action if you are an agricultural instructions for submitting comments. the registrant, which is available in the
producer, food manufacturer, or Do not submit electronically any docket, http://www.regulations.gov.

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39610 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations

Populations’’ (59 FR 7629, February 16, Dated: July 25, 2018. Parts per
Commodity
1994). Michael Goodis, million
Since tolerances and exemptions that Director, Registration Division, Office of
Pesticide Programs. Lettuce, head .............................. 4.0
are established on the basis of a petition
under FFDCA section 408(d), such as Therefore, 40 CFR chapter I is * * * * *
the tolerances in this final rule, do not amended as follows: Nut, tree, group 14–12 ............... 0.08
require the issuance of a proposed rule, Onion, bulb, subgroup 3–07A .... 0.50
the requirements of the Regulatory PART 180—[AMENDED] Onion, green, subgroup 3–07B .. 10
Flexibility Act (RFA) (5 U.S.C. 601 et Orchardgrass, forage .................. 30
■ 1. The authority citation for part 180 Orchardgrass, hay ...................... 60
seq.), do not apply.
continues to read as follows:
This action directly regulates growers, * * * * *
Authority: 21 U.S.C. 321(q), 346a and 371.
food processors, food handlers, and food Pea and bean, succulent
retailers, not States or tribes, nor does ■ 2. In § 180.669, add alphabetically the shelled, subgroup 6B .............. 0.90
this action alter the relationships or following commodities: Alfalfa, forage; Peanut ........................................ 0.05
distribution of power and Alfalfa, hay; Alfalfa, seed; Almond, Peanut, hay ................................ 30
hulls; Beet, sugar, dried pulp; Bluegrass, Potato, wet peel .......................... 0.10
responsibilities established by Congress
in the preemption provisions of FFDCA forage; Bluegrass, hay; Bromegrass,
forage; Bromegrass, hay; Cotton, gin * * * * *
section 408(n)(4). As such, the Agency Ryegrass, forage ........................ 30
byproducts; Cottonseed subgroup 20C;
has determined that this action will not Ryegrass, hay ............................. 60
Fescue, forage; Fescue, hay; Leaf petiole
have a substantial direct effect on States
vegetable subgroup 22B; Lettuce, head; * * * * *
or tribal governments, on the
Nut, tree, group 14–12; Onion, bulb, Sunflower subgroup 20B ............ 2.0
relationship between the national
subgroup 3–07A; Onion, green, Switchgrass, forage .................... 30
government and the States or tribal
subgroup 3–07B; Orchardgrass, forage; Switchgrass, hay ........................ 60
governments, or on the distribution of
Orchardgrass, hay; Pea and bean,
power and responsibilities among the * * * * *
succulent shelled, subgroup 6B; Peanut;
various levels of government or between Vegetable, brassica, head and
Peanut, hay; Potato, wet peel; Ryegrass,
the Federal Government and Indian stem, group 5–16 .................... 2.0
forage; Ryegrass, hay; Sunflower
tribes. Thus, the Agency has determined Vegetable, cucurbit, group 9 ...... 0.30
subgroup 20B; Switchgrass, forage;
that Executive Order 13132, entitled Switchgrass, hay; Vegetable, brassica,
‘‘Federalism’’ (64 FR 43255, August 10, * * * * *
head and stem, group 5–16; Vegetable, Vegetable, fruiting, group 8–10 .. 0.70
1999) and Executive Order 13175, cucurbit, group 9; Vegetable, fruiting, Vegetable, leafy, group 4–16,
entitled ‘‘Consultation and Coordination group 8–10; Vegetable, leafy, group 4– except lettuce, head ................ 30
with Indian Tribal Governments’’ (65 FR 16, except lettuce, head; Vegetable, Vegetable, leaves of root and
67249, November 9, 2000) do not apply leaves of root and tuber, group 2; tuber, group 2 ......................... 30
to this action. In addition, this action Vegetable, legume, edible podded, Vegetable, legume, edible pod-
does not impose any enforceable duty or subgroup 6A; Vegetable, root, subgroup ded, subgroup 6A ................... 2.0
contain any unfunded mandate as Vegetable, root, subgroup 1A .... 0.50
1A; and Vegetable, tuberous and corm, Vegetable, tuberous and corm,
described under Title II of the Unfunded subgroup 1C to the table in paragraph
Mandates Reform Act (UMRA) (2 U.S.C. subgroup 1C ........................... 0.03
(a) to read as follows:
1501 et seq.). * * * * *
This action does not involve any § 180.669 Picoxystrobin; tolerances for
residues.
technical standards that would require * * * * *
Agency consideration of voluntary (a) * * * [FR Doc. 2018–17192 Filed 8–9–18; 8:45 am]
consensus standards pursuant to section BILLING CODE 6560–50–P
Parts per
12(d) of the National Technology Commodity million
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note). Alfalfa, forage ............................. 4.0 FEDERAL COMMUNICATIONS
Alfalfa, hay .................................. 5.0 COMMISSION
VII. Congressional Review Act Alfalfa, seed ................................ 9.0
Almond, hulls .............................. 7.0 47 CFR Part 11
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will * * * * * [PS Docket Nos. 15–94, 15–91; FCC 18–
submit a report containing this rule and Beet, sugar, dried pulp ............... 1.5 94]
other required information to the U.S. Bluegrass, forage ....................... 30
Senate, the U.S. House of Bluegrass, hay ............................ 60 Emergency Alert System; Wireless
Representatives, and the Comptroller Bromegrass, forage .................... 30 Emergency Alerts
Bromegrass, hay ........................ 60
General of the United States prior to Federal Communications
AGENCY:
publication of the rule in the Federal * * * * * Commission.
Register. This action is not a ‘‘major Cotton, gin byproducts ............... 20 ACTION: Final rule.
rule’’ as defined by 5 U.S.C. 804(2). Cottonseed subgroup 20C ......... 2.0
In this document, the Federal
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES

List of Subjects in 40 CFR Part 180 * * * * *
Communications Commission (FCC or
Fescue, forage ............................ 30
Environmental protection, Fescue, hay ................................ 60 Commission) adopts changes to its rules
Administrative practice and procedure, governing the Emergency Alert System
Agricultural commodities, Pesticides * * * * * (EAS) to facilitate ‘‘Live Code Tests’’ of
and pests, Reporting and recordkeeping Leaf petiole vegetable subgroup the EAS; permit use of the EAS
requirements. 22B .......................................... 20 Attention Signal and EAS Header Code

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Document Created: 2018-08-10 01:56:27
Document Modified: 2018-08-10 01:56:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This regulation is effective August 10, 2018. Objections and requests for hearings must be received on or before October 9, 2018, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
Contact		Michael L. Goodis, P.E., Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation		83 FR 39605
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements