82272 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations 

21.0 Optional Combined Parcel 

Mailings 

21.1 Basic Standards for Combining 

Parcel Select, Package Services, and 

USPS Marketing Mail Parcels 

21.1.1 Basic Standards 

[Revise the introductory text of 21.1.1 

to read as follows:] 

Package Services parcels, Parcel 

Select parcels, and USPS Marketing 

Mail parcels in a combined parcel 

mailing must meet the following 

standards: 

* * * * * 

d. Combined mailings must meet the 

following minimum volume 

requirements: 

[Revise the text of item d1 to read as 

follows:] 

1. USPS Marketing Mail—Minimum 

200 pieces or 50 pounds of parcels per 

class. 

* * * * * 

21.3 Mail Preparation 

21.3.1 Basic Standards 

Prepare combined mailings as 

follows: 

a. Different parcel types must be 

prepared separately for combined parcel 

mailings as indicated below: 

[Revise the text of items a1 through a3 

to read as follows:] 

1. USPS Marketing Mail, Parcel 

Select, and Package Services 

machinable parcels. Use ‘‘STD/PSVC 

MACH’’ for line 2 content labeling. 

2. USPS Marketing Mail, Parcel 

Select, and Package Services irregular 

parcels at least 2 ounces and up to (but 

not including) 6 ounces, except for 

tubes, rolls, triangles, and other 

similarly irregularly-shaped pieces. Use 

‘‘STD/PSVC’’ for line 2 content labeling. 

3. USPS Marketing Mail, Parcel 

Select, and Package Services tubes, 

rolls, triangles, and similarly irregularlyshaped parcels; and all parcels weighing 

less than 2 ounces. Use ‘‘STD/PSVC 

IRREG’’ for line 2 content labeling. 

* * * * * 

21.3.2 Combining USPS Marketing 

Mail, Parcel Select, and Package 

Services Machinable Parcels 

[Revise the introductory text of 21.3.2 

to read as follows:] 

Prepare and enter USPS Marketing 

Mail, Parcel Select, and Package 

Services machinable parcels, and USPS 

Marketing Mail Marketing parcels 6 

ounces or more, as combined 

machinable parcels as shown in the 

table below. 

* * * * * 

21.3.3 Combining USPS Marketing 

Mail, Parcel Select, and Package 

Services APPS-Machinable Parcels 

[Revise the introductory text of 21.3.3 

to read as follows:] 

Prepare and enter USPS Marketing 

Mail, Parcel Select, and Package 

Services irregular parcels, and USPS 

Marketing Mail Marketing parcels 

(weighing at least 2 ounces, but less 

than 6 ounces, that are not tubes, rolls, 

triangles, or similarly irregularly shaped 

parcels) as combined APPS-machinable 

parcels as shown in the table below. 

* * * * * 

21.3.4 Combining USPS Marketing 

Mail, Parcel Select, and Package 

Services Parcels (Not APPSMachinable) 

[Revise the introductory text of 21.3.4 

to read as follows:] 

Prepare and enter USPS Marketing 

Mail, Parcel Select, and Package 

Services, and USPS Marketing Mail 

Marketing parcels under 2 ounces, as 

combined not APPS-machinable parcels 

as shown in the table below. 

* * * * * 

Index 

* * * * * 

P 

* * * * * 

Parcel Select 

* * * * * 

[Delete the ‘‘Lightweight, 253.4.0’’ 

entry.] 

* * * * * 

Notice 123 (Price List) 

[Revise competitive prices as 

applicable.] 

* * * * * 

Sarah Sullivan, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2023–25648 Filed 11–22–23; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0597; FRL–11426–01– 

OCSPP] 

Oxathiapiprolin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of oxathiapiprolin 

in or on peanut, hay. Syngenta Crop 

Protection requested this tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

November 24, 2023. Objections and 

requests for hearings must be received 

on or before January 23, 2024, 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–2022–0597, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services 

and 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: 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 Office of the Federal Register’s eVerDate Sep<11>2014 16:40 Nov 22, 2023 Jkt 262001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1

ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations 82273 

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–2022–0597 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 

January 23, 2024. 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– 

2022–0597, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of August 30, 

2022 (87 FR 52868) (FRL–9410–04– 

OCSPP), EPA issued a document 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of a pesticide petition (PP 2F8997) by 

Syngenta Crop Protection, LLC, P.O. 

Box 18300, Greensboro, NC 27419. The 

petition requested that 40 CFR 180.685 

be amended by establishing tolerances 

for residues of the fungicide 

oxathiapiprolin, 1-[4-[4-[5-(2,6- 

difluorophenyl)-4,5-dihydro-3- 

isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2- 

[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on the 

following commodity: peanut hay at 

0.15 parts per million (ppm). This 

document referenced a summary of the 

petition prepared by Syngenta Crop 

Protection, LLC, the registrant, which is 

available in the docket, https://

www.regulations.gov. No comments 

were received on the notice of filing. 

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 

oxathiapiprolin, including exposure 

resulting from the tolerance established 

by this action. EPA’s assessment of 

exposures and risks associated with 

oxathiapiprolin follows. 

As indicated in the Federal Register 

for previous tolerances established for 

residues of oxathiapiprolin (see 81 FR 

87463, FRL–9954–69, December 6, 

2016), the toxicity database for 

oxathiapiprolin supports a decision to 

conduct a qualitative risk assessment, 

due to the lack of treatment-related 

effects and limited toxicity. While 

dietary exposure to oxathiapiprolin may 

occur through food and drinking water, 

no risks of concern are anticipated due 

to the lack of toxicity at anticipated 

human exposure levels. While 

residential post-application exposures 

may occur through the registered uses 

on turf and ornamentals, no risks of 

concern are anticipated due to the lack 

of toxicity at anticipated human 

exposure levels. While dietary and 

residential exposures may occur 

through the registered and proposed 

uses for oxathiapiprolin, no aggregate 

risks of concern are anticipated due to 

the lack of toxicity at anticipated human 

exposure levels. 

Therefore, based on the lack of 

toxicity at anticipated human exposure 

levels, 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 oxathiapiprolin residues. 

More detailed information on the 

subject action to establish tolerances for 

indirect or inadvertent residues of 

oxathiapiprolin in or on peanut, hay can 

be found in the document entitled, 

‘‘Oxathiapiprolin. Human Health Risk 

Assessment to Support a Label 

Amendment to Reduce the Plant Back 

Interval for Peanut and Sugarcane and 

Establish a Tolerance for Peanut, Hay’’ 

in docket ID number EPA–HQ–OPP– 

2022–0597 at https://

www.regulations.gov. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Analytical method DuPont-30422, 

Supplement 1 is a high performance 

liquid chromatography with tandem 

mass spectrometry (HPLC–MS/MS) 

method available for the quantitation of 

oxathiapiprolin residues in plant 

matrices. Analytical method DuPont31138 is an HPLC–MS/MS method 

available for the analytical enforcement 

of oxathiapiprolin residues in livestock 

commodities. 

The methods 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 


ddrumheller on DSK120RN23PROD with RULES1
82274 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Rules and Regulations 

required by FFDCA section 408(b)(4). 

The Codex has not established MRLs for 

residues of oxathiapiprolin in peanut 

commodities. 

V. Conclusion 

Therefore, a tolerance is established 

for indirect or inadvertent residues of 

oxathiapiprolin, 1-[4-[4-[5-(2,6- 

difluorophenyl)-4,5-dihydro-3- 

isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2- 

[5-methyl-3-(trifluoromethyl)-1Hpyrazol-1-yl]-ethanone, in or on peanut, 

hay at 0.15 ppm. In addition, EPA 

adjusted the existing tolerance for 

indirect or inadvertent residues on ‘‘All 

other food commodities/feed 

commodities’’ to exclude commodities 

covered by higher tolerances for indirect 

or inadvertent residues, such as the 

peanut, hay tolerance established by 

this action, or as a result of use on 

growing crops. 

VI. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or to 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the 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: November 16, 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 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Amend § 180.685 by revising the 

table in paragraph (d) to read as follows: 

§ 180.685 Oxathiapiprolin; tolerances for 

residues. 

* * * * * 

(d) * * * 

TABLE 2 TO PARAGRAPH (d) 

Commodity Parts per 

million 

All other food commodities/feed commodities (other than those covered by a higher tolerance as a result of use on growing 

crops or indirect or inadvertent residues) ........................................................................................................................................ 0.10 

Peanut, hay .......................................................................................................................................................................................... 0.15 

[FR Doc. 2023–25768 Filed 11–22–23; 8:45 am] 

BILLING CODE 6560–50–P 


ddrumheller on DSK120RN23PROD with RULES1