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[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Rules and Regulations]
[Pages 9772-9777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04070]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0709; FRL-9941-92]

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 commodities which are identified and 
discussed later in this document. Bayer CropScience requested these 
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 26, 2016. Objections and 
requests for hearings must be received on or before April 26, 2016, 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-2014-0709, 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: Susan Lewis, 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.

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-2014-0709 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 
April 26, 2016. Addresses for

[[Page 9773]]

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-2014-0709, 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 February 11, 2015 (80 FR 7559) (FRL-
9921-94), 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 
4F8288) by Bayer CropScience, 2 T.W. Alexander Drive, P.O. Box 12014, 
Research Triangle Park, NC 27709. The petition requested that 40 CFR 
180.555 be amended by establishing tolerances for residues of the 
fungicide trifloxystrobin, benzeneacetic acid, (E, E)-[alpha]-
(methoxyimino)-2-[[[[1-[3-(trifluoromethyl)phenyl]ethylidene] 
amino]oxy]methyl]-, methyl ester, and the free form of its acid 
metabolite CGA-321113, (E,E)-methoxyimino-[2-[1-(3-trifluoromethyl-
phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid, calculated as the 
stoichiometric equivalent of trifloxystrobin, in or on leafy greens 
(crop subgroup 4A) at 30 parts per million (ppm); herb (crop subgroup 
19A) at 200 ppm; spice (crop subgroup 19B), except black pepper) at 30 
ppm; head and stem brassica (crop subgroup 5A) at 2 ppm; leafy brassica 
greens (crop subgroup 5B) at 30 ppm; tuberous and corm vegetables (crop 
subgroup 1C) at 0.04 ppm; small fruit vine climbing (except fuzzy 
kiwifruit) (crop subgroup 13-07F) at 2.0 ppm; and low growing berry 
(crop subgroup 13-07G) at 1.5 ppm. Bayer CropScience, also requested 
that the existing tolerance for leafy petioles (subgroup 4B) be amended 
from 3.5 ppm to 9 ppm. That document referenced a summary of the 
petition prepared by Bayer CropScience, the registrant, which is 
available in the docket, http://www.regulations.gov. There were no 
comments received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has 
modified the commodity terms for several tolerances to reflect the 
correct commodity definition. The reason 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 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 trifloxystrobin including 
exposure resulting from the tolerances established by this action. 
EPA's assessment of exposures and risks associated with trifloxystrobin 
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.
    Trifloxystrobin exhibits very low toxicity following single oral, 
dermal and inhalation exposures. It is a strong dermal sensitizer and a 
mild dermal and eye irritant. In repeated dose tests in rats, the liver 
is the target organ for trifloxystrobin; toxicity is induced following 
oral and dermal exposure for 28 days. Liver effects characterized by an 
increase in liver weights and an increased incidence of hepatocellular 
hypertrophy and/or hepatocellular necrosis were seen in rats, mice, and 
dogs. There is no concern for neurotoxicity or immunotoxicity in the 
database. In the rabbit developmental toxicity study, an increase in 
the incidence of fused sternabrae was seen at a dose 10 times higher 
than the maternal lowest observed adverse effect level (LOAEL). In the 
rat reproduction study, both parents and offspring showed decreases in 
body weight during lactation. The rat and rabbit developmental and the 
rat reproduction toxicity data do not demonstrate an increase in 
susceptibility in the fetus or other offspring. Trifloxystrobin is 
classified as: ``Not likely to be Carcinogenic to Humans'' based on 
both the negative results in the battery of mutagenicity tests (except 
at a cytoxic dose in one in vitro test), and from the long-term 
carcinogenicity studies in rats and mice. Specific information on the 
studies received and the nature of the adverse effects caused by 
trifloxystrobin as well as the no-observed-adverse-effect-level (NOAEL) 
and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity 
studies are discussed in the document ``Trifloxystrobin. Aggregate 
Human Health Risk Assessment for the Proposed New Uses on Leafy Greens 
(Crop Subgroup 4A), Head and Stem Brassica Vegetables (Crop Subgroup 
5A), Leafy Brassica Greens (Crop Subgroup 5B), Herbs (Crop Group 19A), 
and Spices, Except Black Pepper (Crop Subgroup 19B); to Amend the 
Current Tolerance on Leafy Petioles (Crop Subgroup 4B); and to Convert 
the Potato Tolerance to the Tuberous and Corm Vegetables Subgroup (Crop 
Subgroup 1C), Convert the Grape Tolerance to the Small Fruit Vine 
Climbing (Subgroup 13-07F), and Convert the Strawberry Tolerance to the 
Low Growing Berries (Subgroup 13-07G).,'' dated December 1, 2015.

[[Page 9774]]

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 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 trifloxystrobin used 
for human risk assessment is discussed in Unit III B of the final rule 
published in the Federal Register of June 11, 2010. However, subsequent 
to that Federal Register publication, EPA reassessed the liver effects 
seen in the 28-day dermal toxicity study according to current policy, 
and determined that since these effects should not be considered 
adverse, no toxicity endpoint was identified. The NOAEL for the 28-day 
dermal study was set at 1,000 mg/kg/day and the LOAEL was not 
established. Therefore, the endpoints assessed as part of this action 
exclude the endpoint for dermal exposure identified in the table 
published in the above-referenced Federal Register on June 11, 2010.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to trifloxystrobin, EPA considered exposure under the 
petitioned-for tolerances as well as all existing trifloxystrobin 
tolerances in 40 CFR 180.555. EPA assessed dietary exposures from 
trifloxystrobin 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 trifloxystrobin. In estimating acute dietary exposure EPA conducted 
an analysis using the Dietary Exposure Evaluation Model (DEEM-FCID) 
Version 3.16. This model uses 2003-2008 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). An acute 
dietary assessment was conducted assuming tolerance level residues and 
100 percent crop treated (PCT) for all commodities.
    ii. Chronic exposure. In conducting the chronic dietary exposure 
assessment EPA used the Dietary Exposure Evaluation Model (DEEM-FCID) 
Version 3.16. This model uses 2003-2008 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). As to 
residue levels in food, EPA assumed 100% crop treated, tolerance level 
residues, anticipated residues for some crops, and default processing 
factors.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has 
concluded that trifloxystrobin does not pose a cancer risk to humans. 
Therefore, a dietary exposure assessment for the purpose of assessing 
cancer risk is unnecessary.
    iv. Anticipated residue and percent crop treated (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.
    2. Dietary exposure from drinking water. The Agency used screening 
level water exposure models in the dietary exposure analysis and risk 
assessment for trifloxystrobin in drinking water. These simulation 
models take into account data on the physical, chemical, and fate/
transport characteristics of trifloxystrobin. Further information 
regarding EPA drinking water models used in pesticide exposure 
assessment can be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling 
System (PRZM/EXAMS) and Pesticide Root Zone Model Ground Water (PRZM 
GW) models, the estimated drinking water concentrations (EDWCs) of 
trifloxystrobin and its major degradation product for acute exposures 
are estimated to be 29 parts per billion (ppb) for surface water, and 
427 ppb for ground water. For chronic non-cancer exposure assessments, 
EDWCs are estimated to be 23 ppb for surface water and 365 ppb for 
ground water. Modeled estimates of drinking water concentrations were 
directly entered into the acute (427 ppb) and chronic (365 ppb) dietary 
assessments in the Dietary Exposure Evaluation Model--Food Commodity 
Intake Database (DEEM-FCID) food categories of ``water, direct, all 
sources'' and ``water, indirect, all sources.''
    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, indoor pest control, 
termiticides, and flea and tick control on pets).
    Trifloxystrobin is currently registered for the following uses that 
could result in residential exposures: Ornamental plants and turfgrass. 
EPA assessed residential exposure from relevant registered 
trifloxystrobin products using the Agency's 2012 Residential Standard 
Operating Procedures (SOPs) along with updates in dermal risk 
assessment hazard and policy regarding body weight in addition to the 
following assumptions:
    i. Residential handler exposures. Residential handler exposure is 
expected to be short-term only. Intermediate-term exposures are not 
likely because of the intermittent nature of applications by 
homeowners. Dermal handler exposures were not assessed since no adverse 
systemic dermal hazard was identified for trifloxystrobin.
    ii. Residential post-application exposures. Because dermal hazard 
has not been identified for trifloxystrobin, a quantitative post-
application assessment for dermal exposure is not necessary and the 
only exposure scenarios quantitatively assessed are for children

[[Page 9775]]

1 to http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    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 trifloxystrobin to share a common mechanism of 
toxicity with any other substances, and trifloxystrobin does not appear 
to produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
trifloxystrobin 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 Web site at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

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 FQPA Safety 
Factor (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. There is no indication of 
increased quantitative or qualitative susceptibility to trifloxystrobin 
in rats or rabbits. In the prenatal developmental study in rats, there 
was no developmental toxicity at and up to the limit dose. In the 
prenatal developmental study in rabbits, developmental toxicity was 
seen at a dose that was higher than the dose causing maternal toxicity. 
In the multigeneration study, offspring and parental LOAELs are at the 
same dose level.
    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. That decision is based on the following 
findings:
    i. The toxicity database for trifloxystrobin is complete.
    ii. There is no indication that trifloxystrobin is a neurotoxic 
chemical and there is no need for a developmental neurotoxicity study 
or additional UFs to account for neurotoxicity.
    iii. There is no evidence that trifloxystrobin 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 exposure databases are complete or are estimated based 
on data that reasonably account for potential exposures. The exposure 
assessments will not underestimate the potential dietary (food and 
drinking water) or non-dietary exposures for infants and children from 
the use of trifloxystrobin. The acute and chronic dietary food exposure 
assessment was conservatively based on 100 PCT assumptions and 
conservative ground water drinking water modeling estimates. The 
dietary drinking water assessment utilizes water concentration values 
generated by models and associated modeling parameters which are 
designed to provide conservative, health protective, high-end estimates 
of water concentrations, and are not likely to be exceeded. In 
addition, the residential post-application assessment is based upon the 
residential SOPs employing surrogate study data and reasonable ``worst-
case'' assumptions. These data and assessments are reliable and are not 
expected to underestimate exposure and risk posed by trifloxystrobin to 
adults or children as well as incidental oral exposure of young 
children (1-2 years old).

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 trifloxystrobin will occupy 3.1% of the aPAD for females 13-49 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 
trifloxystrobin from food and water will utilize 71% of the cPAD for 
infants (NPD), Method AG-659A) is available to enforce 
the tolerance expression for the combined residues of trifloxystrobin 
and CGA-321113 in plant and livestock commodities. The lowest level of 
method validation (LLMV) is equivalent to the limit of quantitation 
(LOQ) which was 0.010 ppm for each analyte in/on all matrices.
    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). 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 established MRLs for trifloxystrobin in or on 
lettuce, head at 15 ppm; celery at 1 ppm; brussel sprouts at 0.1 ppm; 
cabbage at 0.5 ppm; flower head Brassicas (includes broccoli; broccoli, 
Chinese; and cauliflower) at 0.5 ppm; potato at 0.2 ppm; grape at 3 
ppm; and strawberry at 1 ppm. These MRLs are different than the 
tolerances established for trifloxystrobin in the United States.
    These tolerances, with exception to grape and potato, cannot be 
harmonized with the Codex MRLs because the MRLs for those commodities 
are expressed in terms of trifloxystrobin (parent only) while U.S. 
tolerances are based on the combined residues of trifloxystrobin and 
its acid metabolite CGA-321113, expressed in parent equivalents. 
Therefore, harmonization is not possible for these commodities as the 
Codex MRLs are too low based on the U.S. residue definition for 
tolerance enforcement. For grape and potato, the U.S. is establishing 
MRLs for the requested representative crop groups; fruit, small vine 
climbing, except fuzzy kiwifruit, subgroup 13-07F and vegetable, 
tuberous and corm, subgroup 1C. These MRLs will be lower than Codex, 
but identical to Canadian MRLs (for grape and potato). This will permit 
harmonization with the existing Canadian MRLs as requested by the 
petitioner and facilitate trade with Canada.

C. Revisions to Petitioned-For Tolerances

    The Agency is revising the commodity terms for the requested 
tolerances to reflect the common commodity vocabulary currently used by 
the Agency. Specifically, head and stem Brassica subgroup 5A was 
changed to Brassica, head and stem, subgroup 5A; leafy Brassica 
subgroup 5B was changed to Brassica, leafy greens, subgroup 5B; 
tuberous and corm vegetable subgroup 1C was changed to vegetable, 
tuberous and corm, subgroup 1C. small fruit vine climbing subgroup 
(except fuzzy kiwifruit), subgroup 13-07F was changed to fruit, small 
vine climbing, except fuzzy kiwifruit, subgroup 13-07F and low growing 
berry, subgroup 13-07G was changed to berry, low growing, subgroup 13-
07G. Bayer requested a tolerance for spice (crop subgroup 19B), except 
black pepper. As black pepper is the representative commodity for spice 
subgroup 19B, it may not be excepted from a tolerance. 40 CFR 
180.40(h). Without sufficient data to establish the subgroup tolerance, 
the Agency is establishing an individual tolerance for the crop for 
which data was submitted--dill, seed.

V. Conclusion

    Therefore, tolerances are established for residues of 
trifloxystrobin, benzeneacetic acid, (E,E)-[alpha]-(methoxyimino)-2-
[[[[1-[3-(trifluoromethyl) phenyl]ethylidene] amino]oxy]methyl]-, 
methyl ester, and the free form of its acid metabolite CGA-321113, 
(E,E)-methoxyimino-[2-[1-(3-trifluoromethyl-phenyl)-
ethylideneaminooxymethyl]-phenyl]acetic acid, calculated as the 
stoichiometric equivalent of trifloxystrobin, in or on Brassica, head 
and stem, subgroup 5A at 2 ppm; Brassica, leafy greens, subgroup 5B at 
30 ppm; herb subgroup 19A at 200 ppm; dill, seed at 30 ppm; vegetable, 
tuberous and corm, subgroup 1C at 0.04 ppm; fruit, small vine climbing, 
except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm; berry, low growing, 
subgroup 13-07G at 1.5 ppm; and leaf petioles, subgroup 4A at 30 ppm.
    The existing tolerance for leaf petioles subgroup 4B, is amended 
from 3.5 ppm to 9 ppm based on new celery residue data at zero day 
(pre-harvest interval) PHI. The existing tolerance for potato at 0.04 
ppm is being removed because it is included with the new tolerance 
being established for tuberous and corm vegetables (crop subgroup 1C) 
at 0.04 ppm. Similarly, the current tolerances for grape at 2.0 ppm and 
strawberry at 1.1 ppm are being removed as they are included in the new 
tolerances for the small fruit vine climbing (subgroup 13-07F) at 2.0 
ppm, and low growing berries (subgroup 13-07G) at 1.5 ppm, 
respectively.

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

[[Page 9777]]

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 tolerance in this 
final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
tribal governments, on the relationship between the national government 
and the States or tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999) and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000) do not apply to this action. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described under Title II of the Unfunded Mandates Reform Act 
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

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: February 11, 2016.
Susan Lewis,
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.  180.555, is amended:
0
a. By alphabetically adding the commodities to the table in paragraph 
(a);
0
b. By removing ``Grape'', ``Potato'', and ``Strawberry'' from the table 
in paragraph (a);
0
c. By revising ``Leaf petioles subgroup 4B'' in the table in paragraph 
(a).
    The additions and revision read as follows:

Sec.  180.555  Trifloxystrobin; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
 
                              * * * * * * *
Berry, low growing subgroup 13-07G.........................          1.5
Brassica, head and stem, subgroup 5A.......................          2.0
Brassica, leafy greens, subgroup 5B........................           30
 
                              * * * * * * *
Dill, seed.................................................           30
 
                              * * * * * * *
Fruit, small vine climbing, except fuzzy kiwifruit,                  2.0
 subgroup 13-07F...........................................
 
                              * * * * * * *
Herbs, subgroup 19A........................................          200
 
                              * * * * * * *
Leaf petioles subgroup 4B..................................          9.0
Leafy greens, subgroup 4A..................................           30
 
                              * * * * * * *
Vegetable, tuberous and corm, subgroup 1C..................         0.04
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-04070 Filed 2-25-16; 8:45 am]
BILLING CODE 6560-50-P
```