4156 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Environmental 

Planning COMDTINST 5090.1 (series), 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves moving 

security zone lasting for the duration of 

time that the M/V POINT FORTIN is 

within the Corpus Christi Ship Channel 

and La Quinta Channel while loaded 

with cargo. It will prohibit entry within 

a 500 yard radius of M/V POINT 

FORTIN while the vessel is transiting 

loaded within Corpus Christi Ship 

Channel and La Quinta Channel. It is 

categorically excluded from further 

review under L60 in Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T08–0034 to read as 

follows: 

§ 165.T08–0034 Security Zone; Corpus 

Christi Ship Channel, Corpus Christi, TX. 

(a) Location. The following area is a 

security zone: All navigable waters 

encompassing a 500-yard radius around 

each of the following vessel: M/V 

POINT FORTIN while the vessel is in 

the Corpus Christi Ship Channel and La 

Quinta Channel. 

(b) Effective period. This section is 

effective without actual notice from 

12:01 a.m. until 11:59 p.m. on January 

27, 2022. For the purposes of 

enforcement, actual notice will be used 

from January 24, 2022, until 12:01 a.m. 

on January 27, 2022. 

(c) Regulations. (1) The general 

regulations in § 165.33 apply. Entry into 

the zone is prohibited unless authorized 

by the Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Corpus Christi. 

(2) Persons or vessels desiring to enter 

or pass through the zone must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for the 

security zone. 

Dated: January 21, 2022. 

H.C. Govertsen, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Corpus Christi. 

[FR Doc. 2022–01656 Filed 1–26–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0417; FRL–9301–01– 

OCSPP] 

Cyprodinil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of cyprodinil in 


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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 4157 

or on multiple crops that are referenced 

later in this document. The Interregional 

Project Number 4 (IR–4) requested these 

tolerances under section 346a of the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

January 27, 2022. Objections and 

requests for hearings must be received 

on or before March 28, 2022, 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–2020–0417, 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 is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

relating to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide customer service via email, 

phone, and webform. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Acting Director, 

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 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–2020–0417 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 March 

28, 2022. 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– 

2020–0417, 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 June 28, 

2021 (86 FR 33922) (FRL–10025–08) 

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 0E8846) by IR–4, 

North Carolina State University, 1730 

Varsity Drive, Venture IV, Suite 210, 

Raleigh, NC 27606. The petition 

requested that 40 CFR 180.532 be 

amended by establishing tolerances for 

residues of Cyprodinil, 4-cyclopropyl-6- 

methyl-N-phenyl-2- pyrimidinamine, in 

or on the raw agricultural commodities: 

Brassica, leafy greens, subgroup 4–16B, 

except watercress at 10 parts per million 

(ppm); Celtuce at 30 ppm; Fennel, 

Florence, fresh leaves and stalk at 30 

ppm; Kohlrabi at 1 ppm; Leaf petiole 

vegetable subgroup 22B at 30 ppm; 

Leafy greens subgroup 4–16A, except 

parsley, fresh leaves at 50 ppm; Lemon/ 

lime subgroup 10–10B at 0.6 ppm; Sugar 

apple at 4 ppm; Tropical and 

subtropical, small fruit, inedible peel, 

subgroup 24A at 2 ppm; and Vegetable, 

Brassica, head and stem, group 5–16 at 

1 ppm. The petition also requested to 

remove established tolerances for 

residues of Cyprodinil, 4-cyclopropyl-6- 

methyl-N-phenyl-2-pyrimidinamine, in 

or on the raw agricultural commodities: 

Brassica, head and stem, subgroup 5A at 

1.0 ppm; Brassica, leafy greens, 

subgroup 5B at 10.0 ppm; Leaf petioles 

subgroup 4B at 30 ppm; Leafy greens 

subgroup 4A at 50 ppm; Lemon at 0.60 

ppm; Lime at 0.60 ppm; Longan at 2.0 

ppm; Lychee at 2.0 ppm; Spanish lime 

at 2.0 ppm; and Turnip, greens at 10.0 

ppm. That document referenced a 

summary of the petition prepared by 

Syngenta Crop Protection, the registrant, 

which is available in the docket, https:// 

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 definition for 

one of the crop groups. A discussion of 

this modification can be found in 

section 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.’’ 


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4158 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 

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 cyprodinil 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with cyprodinil follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemaking of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemaking and 

republishing the same sections is 

unnecessary. EPA considers referral 

back to those sections as sufficient to 

provide an explanation of the 

information EPA considered in making 

its safety determination for the new 

rulemaking. 

EPA has previously published a 

number of tolerance rulemakings for 

cyprodinil in which EPA concluded, 

based on the available information, that 

there is a reasonable certainty that no 

harm would result from aggregate 

exposure to cyprodinil and established 

tolerances for residues of that chemical. 

EPA is incorporating previously 

published sections from those 

rulemakings as described further in this 

rulemaking, as they remain unchanged. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

cyprodinil, see Unit III.A. of the July 21, 

2016 final rulemaking (81 FR 47304) 

(FRL–9948–28). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for cyprodinil used 

for human risk assessment, please 

reference Unit III.B. of the August 17, 

2012 rulemaking (77 FR 49732) (FRL– 

9359–7). The table in the August 17, 

2012 rulemaking included an endpoint 

for inhalation short-term exposures. 

However, the Agency has made the 

assumption in the current assessment 

that cyprodinil products are not for 

homeowner use, has not conducted a 

quantitative residential handler 

assessment as in previous reviews, and 

did not use the inhalation endpoint. 

Exposure assessment. Much of the 

exposure assessment remains the same 

although updates have occurred to 

accommodate exposures from the 

petitioned-for tolerance and reflect 

changes to the residential exposure 

assessment. These updates are 

discussed in this section; for a 

description of the rest of the EPA 

approach to and assumptions for the 

exposure assessment, please reference 

Unit III.C. of the July 21, 2016 

rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposure from the new use of 

cyprodinil on sugar apple and the crop 

group conversions and expansions 

requested in this action. Partially 

refined acute and chronic aggregate 

dietary (food and drinking water) 

exposure and risk assessments were 

conducted using the Dietary Exposure 

Evaluation Model software with the 

Food Commodity Intake Database 

(DEEM–FCID) Version 3.16. The 

assessments used established and 

recommended tolerance-level residues 

for some commodities, average field 

trial residues for the remaining 

commodities (chronic only), 100 percent 

crop treated (PCT), and EPA’s 2018 

default processing factors (except for 

potato granules/flakes, potato flour, 

tomato paste, tomato puree, lemon juice, 

apple juice, dried prune plum, and 

grape juice). 

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. 

Drinking water exposure. The new use 

does not result in an increase in the 

estimated residue levels in drinking 

water, so EPA used the same estimated 

drinking water concentrations in the 

acute and chronic dietary assessments 

as identified in the July 2016 

rulemaking. 

Non-occupational exposure. The 

previous review included a residential 

handler assessment which is no longer 

applicable. All registered cyprodinil 

product labels with residential use sites 

require that handlers wear specific 

clothing (e.g., long sleeve shirt/long 

pants) and/or use personal protective 

equipment (PPE). Therefore, the Agency 

has made the assumption that these 

products are not for homeowner use and 

has not conducted a quantitative 

residential handler assessment as in 

previous reviews. A quantitative 

residential post-application assessment 

was also not conducted as incidental 

oral exposures are not anticipated and 

there is no dermal exposure endpoint. 

Therefore, no residential exposures are 

applicable for the aggregate risk 

assessment. 

Cumulative exposure. EPA has 

determined that cyprodinil along with 

pyrimethanil form a candidate common 

mechanism group (CMG). This group of 

pesticides is considered a candidate 

CMG because there is sufficient 

toxicological data to suggest a common 

pathway. The Agency conducted a 

screening-level cumulative risk 

assessment that indicates cumulative 

dietary and residential aggregate 

exposures for cyprodinil and 

pyrimethanil are below the agency’s 

levels of concern. For further 

information, see the document titled 

‘‘Anilinopyrimidines. Cumulative 

Screening Risk Assessment’’ in docket 

ID EPA–HQ–OPP–2020–0417. No 

further cumulative evaluation is 

necessary for cyprodinil. 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 https://www.epa.gov/ 

pesticide-science-and-assessingpesticide-risks/pesticide-cumulativerisk-assessment-framework. 

Safety factor for infants and children. 

EPA continues to conclude that there 

are reliable data to support the 

reduction of the Food Quality Protection 

Act (FQPA) safety factor. See Unit III.D. 

of the July 21, 2016 rulemaking for a 

discussion of the Agency’s rationale for 

that determination. 


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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 4159 

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 

population adjusted dose (aPAD) and 

chronic population adjusted dose 

(cPAD). Short-, intermediate-, and 

chronic-term risks are evaluated by 

comparing the estimated aggregate food, 

water, and residential exposure to the 

appropriate points of departure to 

ensure that an adequate margin of 

exposure (MOE) exists. For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. 

Acute dietary risks are below the 

Agency’s level of concern of 100% of 

the aPAD; they are 7.7% of the aPAD for 

children 1 to 2 years old, the group with 

the highest exposure. Chronic dietary 

risks are below the Agency’s level of 

concern of 100% of the cPAD; they are 

86% of the cPAD for children 1 to 2 

years old, the group with the highest 

exposure. There are no residential 

exposures expected, so the acute dietary 

risk estimate serves as the acute 

aggregate risk assessment and the 

chronic dietary risk estimate serves as 

the chronic aggregate risk assessment. 

Cyprodinil is classified as ‘‘Not likely to 

be carcinogenic to humans’’, therefore, 

quantification of cancer risk is not 

required. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to cyprodinil residues. More 

detailed information on this action can 

be found in the ‘‘Cyprodinil. Human 

Health Risk Assessment to Support the 

Registration of the Proposed New Use 

on Sugar Apple; and Crop Group 

Conversions/Expansions to Brassica, 

Leafy Greens, Subgroup 4–16B; Celtuce; 

Fennel, Florence, Fresh Leaves and 

Stalk; Kohlrabi; Leaf Petiole Vegetable 

Subgroup 22B; Leafy Greens Subgroup 

4–16A, Except Parsley, Fresh Leaves; 

Lemon/Lime Subgroup 10–10B; 

Tropical and Subtropical, Small Fruit, 

Inedible Peel, Subgroup 24A; and 

Vegetable, Brassica, Head and Stem, 

Group 5–16’’ (hereafter ‘‘the Cyprodinil 

Human Health Risk Assessment’’) in 

docket ID EPA–HQ–OPP–2020–0417. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the July 21, 2016 rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

There are no Codex MRLs for residues 

in/on celtuce, Florence fennel, kohlrabi, 

members of the lemon/lime subgroup 

10–10B, sugar apple, or members of the 

tropical and subtropical, small fruit, 

inedible peel, subgroup 24A; therefore, 

harmonization is not an issue for these 

commodities. 

The U.S. tolerance for residues in/on 

crop subgroup 22B is harmonized with 

the Codex MRL for residues in/on 

celery, a member of crop subgroup 22B. 

Codex has established various MRLs 

for residues in/on crop groups and crop 

subgroups with overlapping 

commodities included in crop subgroup 

4–16B and crop group 5–16. EPA is not 

harmonizing the tolerances for residues 

in/on crop subgroup 4–16B and group 

5–16 with the Codex MRLs because the 

petitioner has requested harmonization 

with Canadian MRLs rather than Codex 

MRLs since Canada is a major trading 

partner for U.S. growers of those 

commodities. 

Codex has established MRLs for 

residues in/on leafy vegetables (except 

Brassica leafy vegetables) and herbs, 

which include commodities included in 

crop subgroup 4–16A, at different 

levels. The U.S. tolerance for residues 

in/on leafy greens subgroup 4–16A, 

except parsley, fresh leaves, is 

harmonized with the Codex MRL for 

residues in/on leafy vegetables (except 

Brassica leafy vegetables), which 

includes lettuce and spinach (the 

representative commodities for crop 

subgroup 4–16A) and some other leafy 

vegetables. The subgroup tolerances are 

supported by available residue data on 

the representative commodities and the 

consistency of labeled use patterns for 

commodities within subgroup 4–16A; 

therefore, EPA is leaving the subgroup 

intact rather than pull individual 

commodities out to harmonize with 

Codex. 

C. Revisions to Petitioned-For 

Tolerances 

Although the petitioner requested a 

tolerance for Brassica, leafy greens, 

subgroup 4–16B, except watercress, EPA 

is establishing the subgroup 4–16B 

tolerance without the exception. While 

EPA agrees that a separate tolerance on 

watercress is appropriate due to the 

difference in use patterns for Brassica, 

leafy greens and watercress, the existing 

separate tolerance for watercress will 

cover the residues in watercress 

resulting from use as directed on the 

label. Because that tolerance is already 

higher, it will cover residues and there 

is no need to exclude watercress from 

the subgroup. 

V. Conclusion 

Therefore, tolerances are established 

for residues of cyprodinil in or on 

Brassica, leafy greens, subgroup 4–16B 

at 10 ppm; Celtuce at 30 ppm; Fennel, 

Florence, fresh leaves and stalk at 30 

ppm; Kohlrabi at 1 ppm; Leaf petiole 

vegetable subgroup 22B at 30 ppm; 

Leafy greens subgroup 4–16A, except 

parsley, fresh leaves at 50 ppm; Lemon/ 

lime subgroup 10–10B at 0.6 ppm; Sugar 

apple at 4 ppm; Tropical and 

subtropical, small fruit, inedible peel, 

subgroup 24A at 2 ppm; and Vegetable, 

Brassica, head and stem, group 5–16 at 

1 ppm. Additionally, the following 

existing tolerances are removed as 

unnecessary due to the establishment of 

the above tolerances: Brassica, head and 

stem, subgroup 5A; Brassica, leafy 

greens, subgroup 5B; Leaf petioles 

subgroup 4B; Leafy greens subgroup 4A; 

Lemon; Lime; Longan; Lychee; Spanish 

lime; and Turnip, greens. 

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 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). 


lotter on DSK11XQN23PROD with RULES1
4160 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 

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: January 20, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 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. In § 180.532, amend the table in 

paragraph (a)(1) by: 

■ a. Designating the table as Table 1; 

■ b. Removing the entry for ‘‘Brassica, 

head and stem, subgroup 5A’’. 

■ c. Adding in alphabetical order the 

entry ‘‘Brassica, leafy greens, subgroup 

4–16B’’. 

■ d. Removing the entry for ‘‘Brassica, 

leafy greens, subgroup 5B’’. 

■ e. Adding in alphabetical order the 

entries ‘‘Celtuce’’; ‘‘Fennel, Florence, 

fresh leaves and stalk’’ and ‘‘Kohlrabi’’. 

■ f. Removing the entry for ‘‘Leaf 

petioles subgroup 4B’’. 

■ g. Adding in alphabetical order the 

entry ‘‘Leaf petiole vegetable subgroup 

22B’’. 

■ h. Removing the entry for ‘‘Leafy 

greens subgroup 4A’’. 

■ i. Adding in alphabetical order the 

entry ‘‘Leafy greens subgroup 4–16A, 

except parsley, fresh leaves’’. 

■ j. Removing the entries for ‘‘Lemon’’ 

and ‘‘Lime’’. 

■ k. Adding in alphabetical order the 

entry ‘‘Lemon/lime subgroup 10–10B’’. 

■ l. Removing the entries for ‘‘Longan’’; 

‘‘Lychee’’; and ‘‘Spanish lime’’. 

■ m. Adding in alphabetical order the 

entries ‘‘Sugar apple’’; and ‘‘Tropical 

and subtropical, small fruit, inedible 

peel, subgroup 24A’’. 

■ n. Removing the entry for ‘‘Turnip, 

greens’’. 

■ o. Adding in alphabetical order the 

entry ‘‘Vegetable, Brassica, head and 

stem, group 5–16’’. 

The additions read as follows: 

§ 180.532 Cyprodinil; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity 

Parts 

per 

million 

* * * * * 

Brassica, leafy greens, subgroup 

4–16B .......................................... 10 

TABLE 1 TO PARAGRAPH (a)(1)— 

Continued 

Commodity 

Parts 

per 

million 

* * * * * 

Celtuce ............................................ 30 

* * * * * 

Fennel, Florence, fresh leaves and 

stalk ............................................. 30 

* * * * * 

Kohlrabi ........................................... 1 

Leaf petiole vegetable subgroup 

22B .............................................. 30 

Leafy greens subgroup 4–16A, except parsley, fresh leaves ........... 50 

Lemon/lime subgroup 10–10B ....... 0.6 

* * * * * 

Sugar apple .................................... 4 

Tropical and subtropical, small fruit, 

inedible peel, subgroup 24A ....... 2 

Vegetable, Brassica, head and 

stem, group 5–16 ........................ 1 

* * * * * 

* * * * * 

[FR Doc. 2022–01439 Filed 1–26–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R03–UST–2020–0715; FRL–8854–01– 

R3] 

District of Columbia: Final Approval of 

State Underground Storage Tank 

Program Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Solid Waste 

Disposal Act of 1965, as amended 

(commonly known as the Resource 

Conservation and Recovery Act 

(RCRA)), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

District of Columbia’s Underground 

Storage Tank (UST) program submitted 

by the District of Columbia (District or 

State). This action also codifies EPA’s 

approval of the District of Columbia’s 

state program and incorporates by 

reference (IBR) those provisions of the 

District’s regulations and statutes that 

EPA has determined meet the 

requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 


lotter on DSK11XQN23PROD with RULES1