Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 85067 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2024–0413; FRL–12300–01– 

OCSPP] 

Extension of Time-Limited Tolerances 

for Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for residues of the 

pesticides sodium salt of acifluorfen in 

or on Beet, sugar, roots and Beet, sugar, 

leaves; thiamethoxam in or on Rice, 

grain and Rice, straw; and clothianidin 

in or on Rice, grain. These actions are 

in response to EPA’s granting of 

emergency exemptions under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of these pesticides. In addition, the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) requires EPA to establish a 

time-limited tolerance or exemption 

from the requirement for a tolerance for 

pesticide chemical residues in food that 

will result from the use of a pesticide 

under an emergency exemption granted 

by EPA. 

DATES: This regulation is effective 

October 25, 2024. Objections and 

requests for hearings must be received 

on or before December 24, 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–2024–0413, 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. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, 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 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, 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–2024–0413, in the subject line on 

the first page of your submission. All 

requests must be in writing and must be 

received by the Hearing Clerk on or 

before December 24, 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– 

2024–0413, 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. Background and Statutory Findings 

EPA previously published final rules 

in the Federal Register establishing 

time-limited tolerances for the 

chemicals and commodities listed 

below, under FFDCA section 408, 21 

U.S.C. 346a. EPA established the 

tolerances because FFDCA section 

408(l)(6) requires EPA to establish a 

time-limited tolerance or exemption 

from the requirement for a tolerance for 

pesticide chemical residues in food that 

will result from the use of a pesticide 

under an emergency exemption granted 

by EPA under FIFRA section 18. Such 

tolerances can be established at EPA’s 

own initiative and without providing 

notice or time for public comment. 

EPA received requests to extend the 

emergency uses of the sodium salt of 

acifluorfen and thiamethoxam for this 

year’s growing season. The use of 

thiamethoxam may also result in 

residues of its major metabolite, 

clothianidin, which is measured and 

regulated separately. The estimated 

potential residue level of clothianidin in 

or on rice grain from the emergency 

exemption use of thiamethoxam is 

higher, at 0.5 ppm, than the tolerance 

established at 40 CFR 180.586(a) of 0.01 

ppm in or on rice grain, associated with 

a different registered use pattern. 

Therefore, a time-limited tolerance 

(associated with this emergency 

exemption use of thiamethoxam) was 

previously established at 0.5 ppm in or 

on rice grain at 40 CFR 180.586(b). After 

having reviewed these submissions, 

EPA concurs that emergency conditions 

continue to exist. EPA assessed the 

potential risks presented by residues for 

each chemical in or on the listed 

commodities. In doing so, EPA 

considered the safety standard in 

FFDCA section 408(b)(2) and decided 

that the necessary tolerance under 

FFDCA section 408(l)(6) would be 

consistent with the safety standard and 


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85068 Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 

with FIFRA section 18. The data and 

other relevant material have been 

evaluated and were discussed in the 

final rules originally establishing the 

time-limited tolerances. Based on the 

data and information considered, the 

Agency affirms that extension of these 

time-limited tolerances will continue to 

meet the requirements of FFDCA section 

408(l)(6). Therefore, the time-limited 

tolerances are extended until December 

31, 2027. Although these tolerances will 

expire and are revoked on December 31, 

2027, under FFDCA section 408(l)(5), 

residues of the pesticides not in excess 

of the amounts specified in the 

tolerances remaining in or on the 

commodities after that date will not be 

unlawful, provided the residues are 

present as a result of an application or 

use of a pesticide at a time and in a 

manner that was lawful under FIFRA, 

the tolerance was in place at the time of 

the application, and the residues do not 

exceed the level that was authorized by 

the tolerance. EPA will take action to 

revoke the tolerances earlier if any 

experience with, scientific data on, or 

other relevant information on this 

pesticide indicate that the residues are 

not safe. 

Time-limited tolerances for the use of 

the following pesticide chemicals on 

specific commodities are being 

extended: 

Sodium salt of acifluorfen. Pursuant 

to requests by the Michigan, Minnesota, 

and North Dakota Departments of 

Agriculture, EPA has authorized under 

FIFRA section 18 the use of the sodium 

salt of acifluorfen on sugar beets for 

control of glyphosate-resistant pigweed 

species, Palmer amaranth and 

waterhemp, in their respective States. 

This regulation extends the time-limited 

tolerances for residues of the herbicide 

sodium salt of acifluorfen, including its 

metabolites and degradates, in or on 

Beet, sugar, roots at 0.1 parts per million 

(ppm), and Beet, sugar, leaves at 0.1 

ppm, for an additional 3-year period. 

The tolerances will expire and are 

revoked on December 31, 2027. The 

time-limited tolerances were originally 

published in the Federal Register of 

March 31, 2022 (87 FR 18717) (FRL– 

9657–01–OCSPP). 

Thiamethoxam. Pursuant to a request 

from the Texas Department of 

Agriculture, EPA has authorized under 

FIFRA section 18 the use of 

thiamethoxam on rice for control of the 

rice delphacid in Texas. This regulation 

extends the time-limited tolerances for 

residues of thiamethoxam, including its 

metabolites and degradates, in or on 

Rice, grain at 6 ppm, and Rice, straw at 

2 ppm, for an additional 3-year period. 

The tolerances will expire and are 

revoked on December 31, 2027. The 

time-limited tolerances were originally 

published in the Federal Register of 

October 7, 2019 (84 FR 53326) (FRL– 

9996–14). 

Clothianidin. Pursuant to a request 

from the Texas Department of 

Agriculture, EPA has authorized under 

FIFRA section 18 the use of 

thiamethoxam on rice for control of the 

rice delphacid in Texas. Residues of 

clothianidin, a major metabolite of 

thiamethoxam, could occur in rice grain 

as a result of this use, and a separate 

time-limited tolerance was established. 

This regulation extends the time-limited 

tolerance for residues of clothianidin in 

or on Rice, grain at 0.5 ppm for an 

additional 3-year period. The tolerance 

will expire and is revoked on December 

31, 2027. The time-limited tolerance 

was originally published in the Federal 

Register of October 7, 2019 (84 FR 

53331) (FRL–9996–15). 

III. 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 not established MRLs 

for sodium salt of acifluorfen. 

The Codex established MRLs for 

thiamethoxam on rice commodities on 

February 6, 2023. Since these were not 

in place when EPA established the 

subject time-limited tolerances, there 

were no issues with harmonization at 

that time (October 7, 2019). However, 

the Codex and EPA residue definitions 

for thiamethoxam are different. EPA’s 

definition is for thiamethoxam plus its 

metabolite (CGA–322704), while the 

Codex definition is for thiamethoxam 

only. Additionally, the Codex MRLs are 

based upon a different use pattern than 

that for the emergency exemption use in 

the U.S. Therefore, because of these 

differences, it is not possible to 

harmonize the time-limited tolerances 

for thiamethoxam with the Codex MRLs. 

Since EPA has determined these timelimited tolerances are safe, EPA is 

extending the expiration dates for these 

time-limited tolerances despite the lack 

of harmonization with the related Codex 

MRLs. 

For clothianidin, the time-limited 

tolerance of 0.5 ppm in or on Rice, grain 

is consistent and harmonized with the 

existing Codex MRL of 0.5 ppm. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(e) at EPA’s 

own initiative to support use authorized 

under emergency exemptions. The 

Office of Management and Budget 

(OMB) has exempted these types of 

actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (59 FR 7629, 

February 16, 1994). 

Since time-limited tolerances and 

exemptions that are established under 

FFDCA section 408(e) at EPA’s own 

initiative to support use authorized 

under emergency exemptions, 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 


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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 85069 

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). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA has 

submitted 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: October 21, 2024. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for 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 § 180.383, in paragraph (b), 

by revising table 2 to read as follows: 

§ 180.83 Sodium salt of acifluorfen; 

tolerances for residues. 

* * * * * 

(b) * * * 

TABLE 2 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration 

date 

Beet, sugar, roots .................................................................................................................................................... 0.1 12/31/2027 

Beet, sugar, leaves .................................................................................................................................................. 0.1 12/31/2027 

* * * * * 

■ 3. Amend § 180.565, in paragraph (b), 

by revising the table to read as follows: 

§ 180.565 Thiamethoxam; tolerances for 

residues. 

* * * * * 

(b) * * * 

TABLE 2 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration 

date 

Rice, grain ................................................................................................................................................................ 6 12/31/2027 

Rice, straw ............................................................................................................................................................... 2 12/31/2027 

* * * * * ■ 4. Amend § 180.586, in table 3 to 

paragraph (b), by revising the entry for 

‘‘Rice, grain’’ to read as follows: 

§ 180.586 Clothianidin; tolerances for 

residues. 

* * * * * 

(b) * * * 

TABLE 3 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration 

date 

*******

Rice, grain ................................................................................................................................................................ 0.5 12/31/2027 

* * * * * 

[FR Doc. 2024–24814 Filed 10–24–24; 8:45 am] 

BILLING CODE 6560–50–P 


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