13640 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 

■ b. Adding the commodities ‘‘Almond, 

hulls’’ and ‘‘Nut, tree, group 14–12’’ to 

the table in alphabetical order. 

The additions read as follows: 

§ 180.598 Novaluron; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

Almond, hulls ......................................... 15 

.

*****

Nut, tree, group 14–12 .......................... 0.08 

.

*****

* * * * * 

[FR Doc. 2022–05060 Filed 3–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0235; FRL–9067–01– 

OCSPP] 

Buprofezin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of buprofezin in 

or on multiple commodities which are 

identified and discussed later in this 

document. The Interregional Project 

Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 10, 2022. Objections and requests 

for hearings must be received on or 

before May 9, 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–2020–0235, 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 for the OPP 

Docket is (202) 566–1744. 

Due to the public emergency, the EPA 

Docket Center (EPA/DC) and Reading 

Room is closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and 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 eCFR site at https://www.ecfr.gov. 

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–2020–0235 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 May 9, 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– 

2020–0235, 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 Registers of June 24, 

2020 (85 FR 37806) (FRL–10010–82), 

and August 5, 2020 (85 FR 47330) (FRL– 

10012–32), EPA issued documents 

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

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

of a pesticide petition (PP 0E8828) by 

IR–4, North Carolina State University, 

1730 Varsity Drive, Venture IV, Suite 

210, Raleigh, NC 27606. These petitions 

requested that 40 CFR 180.511 be 

amended by establishing tolerances for 

residues of the insecticide buprofezin, 

2-[(1,1 dimethylethyl)imino]tetrahydro3(1-methylethyl)-5-phenyl-4H-1,3,5- 

thiadiazin-4-one, in or on asparagus 

bean, edible podded at 0.02 parts per 

million (ppm); bushberry subgroup 13– 

07B at 0.08 ppm; catjang bean, edible 

podded at 0.02 ppm; Chinese longbean, 

edible podded at 0.02 ppm; cowpea, 

edible podded at 0.02 ppm; french bean, 

edible podded at 0.02 ppm; garden 

bean, edible podded at 0.02 ppm; green 

bean, edible podded at 0.02 ppm; goa 

bean, edible podded at 0.02 ppm; guar 


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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 13641 

bean, edible podded at 0.02 ppm; 

jackbean, edible podded at 0.02 ppm; 

kidney bean, edible podded at 0.02 

ppm; lablab bean, edible podded at 0.02 

ppm; moth bean, edible podded at 0.02 

ppm; mung bean, edible podded at 0.02 

ppm; navy bean, edible podded at 0.02 

ppm; rice bean, edible podded at 0.02 

ppm; scarlet runner bean, edible podded 

at 0.02 ppm; snap bean, edible podded 

at 0.02 ppm; sword bean, edible podded 

at 0.02 ppm; urd bean, edible podded at 

0.02 ppm; vegetable soybean, edible 

podded at 0.02 ppm; velvet bean, edible 

podded at 0.02 ppm; wax bean, edible 

podded at 0.02 ppm; winged pea, edible 

podded at 0.02 ppm; and yardlong bean, 

edible podded at 0.02 ppm. 

In addition, IR–4 proposed, upon the 

approval of the aforementioned 

tolerances, to remove the established 

tolerance for the residues of buprofezin, 

including its metabolites and degradates 

in or on bean, snap, succulent at 0.02 

ppm. 

Three comments were received on the 

notices of filings. EPA’s responses to 

these comments are discussed 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 buprofezin 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with buprofezin follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections of the 

rule that would repeat what has been 

previously published in tolerance 

rulemakings for the same pesticide 

chemical. Where scientific information 

concerning a particular pesticide 

chemical remains unchanged, the 

content of those sections would not vary 

between tolerance rulemakings and 

republishing the same sections is 

unnecessary and duplicative. 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 

buprofezin, in which EPA concluded, 

based on the available information, that 

there is a reasonable certainty that no 

harm would result from aggregate 

exposure to buprofezin 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 

buprofezin and aniline, a substance that 

may be formed as a degradate in food 

from buprofezin and its anilinecontaining metabolites as a result of 

cooking, see Unit III.A. of the August 29, 

2019 rulemaking (84 FR 45426) (FRL– 

9997–41). There is, however, a new 

discussion of the non-cancer toxicity 

characterization of aniline in Appendix 

F of the document titled ‘‘Buprofezin. 

Human Health Risk Assessment for 

Proposed New Use on Bushberry Crop 

Subgroup 13–07B and Proposed 

Amendments to Expand Use on 

Succulent Beans to All Members of 

Proposed Edible Podded Bean Legume 

Vegetable Subgroup 6–XXA and Use on 

Greenhouse-Grown Tomatoes and 

Peppers to All Members of Fruiting 

Vegetable Crop Group 8–10’’ 

(hereinafter ‘‘Buprofezin Human Health 

Risk Assessment.’’) 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern used for the risk 

assessment, see Unit III.B. of the August 

29, 2019 rulemaking. 

Exposure assessment. Much of the 

exposure assessment remains the same, 

although the dietary exposure and risk 

assessments for buprofezin and 

buprofezin-derived aniline were 

updated. These updates are discussed in 

this section; for a description of the rest 

of EPA’s approach to and assumptions 

for the exposure assessment, see Unit 

III.C. of the August 29, 2019 rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposures for the new uses of 

buprofezin. The assessment used the 

same assumptions as the August 29, 

2019 final rule concerning tolerance 

level residues, default and empirical 

processing factors for all processed 

commodities assumptions, and a 

conservative factor to account for the 

presence of the BF4 Conjugate (2-(2- 

hydroxy-1,1-dimethylethylimino)-3- 

isopropyl-5-phenyl-1,3,5-thiadiazinan4-one). The acute dietary exposure 

assessment assumed 100 percent crop 

treated (PCT). 

Updated PCT estimates were used in 

the chronic dietary risk assessment for 

crops that are currently registered for 

buprofezin: Almond 1%, apple 2.5%, 

apricot 5%, broccoli 2.5%, cabbage 

2.5%, cantaloupe 15%, cauliflower 5%, 

celery 1%, cherry 10%, cotton 1%, 

cucumber 1%, grapefruit 5%, raisin 

grape 5%, table grape 10%, wine grape 

2.5%, honeydew 75%, lemon 2.5%, 

lettuce 10%, nectarine 15%, olive 1%, 

orange 2.5%, peach 5%, pear 15%, 

pepper 1%, pistachio 15%, plum/prune 

2.5%, pumpkin 1%, spinach 1%, 

squash 2.5%, strawberry 15%, tangerine 

10%, tomato 1%, walnut 2.5%, and 

watermelon 1%. These average PCT 

data were also used to refine the cancer 

dietary exposure analysis for 

buprofezin-derived aniline. All other 

crops assumed 100% crop treated. 

A cancer dietary exposure risk 

assessment for buprofezin was not 

conducted because the only evidence of 

carcinogenicity was for benign liver 

tumors in one sex (males) and one 

species (mouse); there was no evidence 

of carcinogenicity in rats of either sex or 

in female mice. An updated, highly 

refined cancer dietary exposure (cooked 

food forms only) and risk assessment for 

buprofezin-derived aniline residues, 

including those derived from anilinecontaining metabolites of buprofezin, 

was conducted. This assessment was 

conducted using (1) buprofezin 

monitoring data for raw/uncooked 

agricultural commodities (RACs) 

provided by the United States 

Department of Agriculture Pesticide 

Data Program (PDP) to estimate average 

residues of buprofezin; (2) buprofezin 

field trial data; (3) empirical and EPA’s 

2018 default processing factors; (4) 

average buprofezin PCT data; and (5) the 

maximum conversion factor for 

buprofezin-derived aniline of 18.9%. 

The conversion factor of 18.9%, the 

highest found in a previously submitted 

hydrolysis study, was applied to 


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13642 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 

estimate residues of buprofezin-derived 

aniline which may form in food as a 

result of cooking. The highly refined 

estimated exposure of the highest 

exposed adult population (adults 50 to 

99 years old) to buprofezin-derived 

aniline results in an upper bound cancer 

risk estimate of 3 × 10¥7. 

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. 

Section 408(b)(2)(F) of FFDCA states 

that the Agency may use data on the 

actual percent of food treated for 

assessing chronic dietary risk only if: 

• Condition a: The data used are 

reliable and provide a valid basis to 

show what percentage of the food 

derived from such crop is likely to 

contain the pesticide residue. 

• Condition b: The exposure estimate 

does not underestimate exposure for any 

significant subpopulation group. 

• Condition c: Data are available on 

pesticide use and food consumption in 

a particular area, and the exposure 

estimate does not understate exposure 

for the population in such area. 

In addition, the Agency must provide 

for periodic evaluation of any estimates 

used. To provide for the periodic 

evaluation of the estimate of PCT as 

required by FFDCA section 408(b)(2)(F), 

EPA may require registrants to submit 

data on PCT. 

In most cases, EPA uses available data 

from the United States Department of 

Agriculture/National Agricultural 

Statistics Service (USDA/NASS), 

proprietary market surveys, and the 

California Department of Pesticide 

Regulation (CalDPR) Pesticide Use 

Reporting (PUR) for the chemical/crop 

combination for the most recent 10 

years. EPA uses an average PCT for 

chronic dietary risk analysis and a 

maximum PCT for acute dietary risk 

analysis. The average PCT figure for 

each existing use is derived by 

combining available public and private 

market survey data for that use, 

averaging across all observations, and 

rounding up to the nearest 5%, except 

for those situations in which the average 

PCT is less than 1% or less than 2.5%. 

In those cases, the Agency would use 

less than 1% or less than 2.5% as the 

average PCT value, respectively. The 

maximum PCT figure is the highest 

observed maximum value reported 

within the most recent 10 years of 

available public and private market 

survey data for the existing use and 

rounded up to the nearest multiple of 

5%, except where the maximum PCT is 

less than 2.5%, in which case, the 

Agency uses less than 2.5% as the 

maximum PCT. 

The Agency believes that Conditions 

a, b, and c discussed above have been 

met. With respect to Condition a, PCT 

estimates are derived from Federal and 

private market survey data, which are 

reliable and have a valid basis. The 

Agency is reasonably certain that the 

percentage of the food treated is not 

likely to be an underestimation. As to 

Conditions b and c, regional 

consumption information and 

consumption information for significant 

subpopulations is taken into account 

through EPA’s computer-based model 

for evaluating the exposure of 

significant subpopulations including 

several regional groups. Use of this 

consumption information in EPA’s risk 

assessment process ensures that EPA’s 

exposure estimate does not understate 

exposure for any significant 

subpopulation group and allows the 

Agency to be reasonably certain that no 

regional population is exposed to 

residue levels higher than those 

estimated by the Agency. Other than the 

data available through national food 

consumption surveys, EPA does not 

have available reliable information on 

the regional consumption of food to 

which buprofezin may be applied in a 

particular area. 

Drinking water, non-occupational, 

and cumulative exposures. Drinking 

water and non-occupational exposures 

are not impacted by the new uses, and 

thus have not changed since the last 

assessment. EPA’s conclusions 

concerning cumulative risk remain 

unchanged from Unit III.C.2. of the 

August 29, 2019 rulemaking. 

Safety factor for infants and children. 

EPA continues to conclude that a 10X 

FQPA SF must be retained for repeated 

exposure scenarios because those 

assessments are based on a study that 

did not show a No Observed Adverse 

Effect Level (NOAEL). EPA also 

continues to conclude that there is 

reliable data showing that the safety of 

infants and children would be 

adequately protected if the FQPA SF 

were reduced from 10X to 1X for single 

exposures. The reasons for these 

decisions are articulated in Unit III.D. of 

the August 29, 2019 rulemaking. 

Aggregate risks and determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing dietary exposure 

estimates to the acute population 

adjusted dose (aPAD) and the 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 5.8% of the aPAD for 

females 13–49 years old, which is the 

only population subgroup with an acute 

dietary endpoint. Chronic dietary risks 

are below the Agency’s level of concern 

of 100% of the cPAD; they are 42% of 

the cPAD for children 1 to 2 years old, 

the most highly exposed subpopulation. 

Buprofezin is classified as ‘‘Suggestive 

Evidence of Carcinogenicity, but not 

sufficient to assess human carcinogenic 

potential.’’ EPA has determined that the 

quantification of risk using a non-linear 

(i.e., reference dose) approach will 

adequately account for all chronic 

toxicity, including carcinogenicity, that 

could result from exposure to 

buprofezin. Because the chronic dietary 

risks are below the Agency’s level of 

concern, buprofezin is not expected to 

pose a cancer risk to humans. 

There are no data to determine an 

acute endpoint for aniline at this time; 

hence, an acute dietary risk assessment 

was not conducted for buprofezinderived aniline. The highly refined 

estimated chronic exposure of the most 

highly exposed adult subpopulation 

(adults 50 to 99 years old) to buprofezinderived aniline is 0.000052 mg/kg/day. 

Estimated chronic exposures to 

buprofezin-derived aniline are orders of 

magnitude below any potential chronic 

non-cancer reference dose for aniline. 

Therefore, a quantitative chronic noncancer dietary risk assessment for 

buprofezin-derived aniline is not 

necessary to conclude with reasonable 

certainty that chronic exposures from 

buprofezin-derived aniline do not pose 

a non-cancer dietary risk. The highly 

refined estimated chronic exposure of 

the most highly exposed adult 

subpopulation results in an upper 

bound cancer risk estimate of 3 × 10¥7, 


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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 13643 

which is below the Agency’s level of 

concern of 1 × 10¥6. 

There are no residential uses of 

buprofezin; therefore, the aggregate risk 

assessment is equivalent to the acute 

and chronic dietary (food and drinking 

water) exposure and risk assessments to 

buprofezin and buprofezin-derived 

aniline and are not of concern. 

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 buprofezin residues. More 

detailed information about the Agency’s 

analysis can be found at https://

www.regulations.gov in the document 

‘‘Buprofezin Human Health Risk 

Assessment’’ in docket ID number EPA– 

HQ–OPP–2020–0235. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methods are 

available in Pesticide Analytical Manual 

Volume I (PAM I) and PAM II for 

enforcement of buprofezin tolerances, 

including gas chromatography methods 

with nitrogen phosphorus detection 

(GC/NPD), and a GC/mass spectrometry 

(GC/MS) method for confirmation of 

buprofezin residues in plant and 

livestock commodities. The GC/MS 

method used for plant commodities 

utilizes three ions for identification of 

buprofezin. The validated limit of 

quantitation (LOQ) was 0.05 ppm. In 

addition, method BF/10/97 is an 

adequate enforcement method for 

enforcement of buprofezin tolerances 

in/on bean commodities. The LOQ is 

0.02 ppm. 

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). 

No Codex MRLs have been 

established for residues of buprofezin 

in/on the proposed commodities in this 

action. 

C. Response to Comments 

Although three comments were 

submitted to the docket in response to 

the June 24, 2020, and August 5, 2020 

notifications of filings, only one 

specifically related to this tolerance 

action. This comment was from a 

representative from the Republic of 

Ecuador. The commenter’s concern was 

that the proposed U.S. MRLs for 

buprofezin on beans at 0.02 ppm would 

prevent beans from Ecuador from being 

imported and marketed in the U.S. 

because of buprofezin residues higher 

than 0.02 ppm. The commenter was also 

concerned that the U.S. would reduce 

the tolerance for residues in/on beans to 

be more restrictive. The commenter also 

stated that it is essential for pesticide 

tolerances to be based on scientific 

evidence, conclusive data and not under 

the precautionary principle. 

The existing tolerance for residues in/ 

on bean, snap, succulent is based on 

previously submitted and reviewed field 

trial residue data that demonstrate that 

residues of buprofezin in/on snap beans 

are less than the limit of quantitation, 

which is 0.02 ppm. The petitioner 

requested, and EPA agrees that it is 

appropriate, to extrapolate the field trial 

data on succulent snap beans to support 

tolerances for residues in/on the 25 

specific edible podded bean 

commodities. Therefore, this action is 

based on scientific evidence and 

conclusive data and actually increases 

the tolerances for most of the edible 

podded bean commodities from zero 

(not existent) to 0.02 ppm. Ecuador has 

adopted the established European 

Union (EU) MRL of 0.01 ppm for 

residues of buprofezin in/on beans (with 

pods) and beans (without pods). The 

recommended U.S. tolerance of 0.02 

ppm for residues of buprofezin in/on 

individual edible podded bean 

commodities is not more restrictive than 

this MRL. The U.S. tolerances are based 

on the use pattern that is registered in 

the U.S. If the use pattern is different in 

Ecuador, the bean growers or another 

organization could submit a petition for 

an import tolerance for residues of 

buprofezin in/on beans, with supporting 

field trial residue data based on the 

alternate use pattern. EPA would review 

such a petition to determine if it meets 

the statutory standard that there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to buprofezin residues. 

D. Revisions to Petitioned-For 

Tolerances 

Most of the proposed commodity 

definitions have been modified to be 

consistent with Agency nomenclature. 

V. Conclusion 

Therefore, tolerances are established 

for residues of buprofezin, 2-[(1,1- 

dimethylethyl)imino]tetrahydro-3-(1- 

methylethyl)-5-phenyl-4H-1,3,5- 

thiadiazin-4-one, in or on Bean, 

asparagus, edible podded at 0.02 ppm; 

Bean, catjang, edible podded at 0.02 

ppm; Bean, french, edible podded at 

0.02 ppm; Bean, garden, edible podded 

at 0.02 ppm; Bean, goa, edible podded 

at 0.02 ppm; Bean, green, edible podded 

at 0.02 ppm; Bean, guar, edible podded 

at 0.02 ppm; Bean, kidney, edible 

podded at 0.02 ppm; Bean, lablab, 

edible podded at 0.02 ppm; Bean, moth, 

edible podded at 0.02 ppm; Bean, mung, 

edible podded at 0.02 ppm; Bean, navy, 

edible podded at 0.02 ppm; Bean, rice, 

edible podded at 0.02 ppm; Bean, 

scarlet runner, edible podded at 0.02 

ppm; Bean, snap, edible podded at 0.02 

ppm; Bean, sword, edible podded at 

0.02 ppm; Bean, urd, edible podded at 

0.02 ppm; Bean, wax, edible podded at 

0.02 ppm; Bean, yardlong, edible 

podded at 0.02 ppm; Bushberry 

subgroup 13–07B at 0.08 ppm; Cowpea, 

edible podded at 0.02 ppm; Jackbean, 

edible podded at 0.02 ppm; Longbean, 

chinese, edible podded at 0.02 ppm; 

Pea, winged, edible podded at 0.02 

ppm; Soybean, vegetable, edible podded 

at 0.02 ppm; and Velvetbean, edible 

podded at 0.02 ppm. 

Upon establishment of the 

aforementioned tolerances, the 

established tolerance for the residues of 

buprofezin, including its metabolites 

and degradates in or on Bean, snap, 

succulent at 0.02 ppm will be removed, 

as it is superseded by the new 

tolerances on the edible podded bean 

commodities. In addition, EPA is 

revising the tolerance expression in 

paragraph (a) to correct the chemical 

name of buprofezin. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to petitions submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). 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 


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13644 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 

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 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: March 4, 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 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. In § 180.511, amend paragraph (a) 

by: 

■ a. Revising the introductory text. 

■ b. Adding in alphabetical order to the 

table the entries ‘‘Bean, asparagus, 

edible podded’’; ‘‘Bean, catjang, edible 

podded’’; ‘‘Bean, french, edible 

podded’’; ‘‘Bean, garden, edible 

podded’’; ‘‘Bean, goa, edible podded’’; 

‘‘Bean, green, edible podded’’; ‘‘Bean, 

guar, edible podded’’; ‘‘Bean, kidney, 

edible podded’’; ‘‘Bean, lablab, edible 

podded’’; ‘‘Bean, moth, edible podded’’; 

‘‘Bean, mung, edible podded’’; ‘‘Bean, 

navy, edible podded’’; ‘‘Bean, rice, 

edible podded’’; ‘‘Bean, scarlet runner, 

edible podded’’; and ‘‘Bean, snap, edible 

podded’’. 

■ c. Removing the entry from the table 

for ‘‘Bean, snap, succulent’’. 

■ d. Adding in alphabetical order to the 

table the entries ‘‘Bean, sword, edible 

podded’’; ‘‘Bean, urd, edible podded’’; 

‘‘Bean, wax, edible podded’’; ‘‘Bean, 

yardlong, edible podded’’; ‘‘Bushberry 

subgroup 13–07B’’; ‘‘Cowpea, edible 

podded’’; ‘‘Jackbean, edible podded’’; 

‘‘Longbean, chinese, edible podded’’; 

‘‘Pea, winged, edible podded’’; 

‘‘Soybean, vegetable, edible podded’’; 

and ‘‘Velvetbean, edible podded’’. 

The revision and additions read as 

follows: 

§ 180.511 Buprofezin; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of buprofezin, 

including its metabolites and degradates 

in or on the commodities in the table in 

this paragraph (a). Compliance with the 

tolerance levels specified in the table in 

this paragraph (a) is to be determined by 

measuring only the buprofezin, 2-[(1,1- 

dimethylethyl)imino]tetrahydro-3-(1- 

methylethyl)-5-phenyl-4H-1,3,5- 

thiadiazin-4-one, in the commodity. 

Commodity Parts per 

million 

* * * * * 

Bean, asparagus, edible podded .......... 0.02 

Bean, catjang, edible podded ............... 0.02 

Bean, french, edible podded ................. 0.02 

Bean, garden, edible podded ................ 0.02 

Bean, goa, edible podded ..................... 0.02 

Bean, green, edible podded .................. 0.02 

Bean, guar, edible podded .................... 0.02 

Bean, kidney, edible podded ................. 0.02 

Bean, lablab, edible podded ................. 0.02 

Bean, moth, edible podded ................... 0.02 

Bean, mung, edible podded .................. 0.02 

Bean, navy, edible podded ................... 0.02 

Bean, rice, edible podded ..................... 0.02 

Bean, scarlet runner, edible podded ..... 0.02 

Bean, snap, edible podded ................... 0.02 

* * * * * 

Bean, sword, edible podded ................. 0.02 

Bean, urd, edible podded ...................... 0.02 

Bean, wax, edible podded ..................... 0.02 

Bean, yardlong, edible podded ............. 0.02 

* * * * * 

Bushberry subgroup 13–07B ................ 0.08 

* * * * * 

Cowpea, edible podded ........................ 0.02 

* * * * * 

Jackbean, edible podded ...................... 0.02 

* * * * * 

Longbean, chinese, edible podded ....... 0.02 

* * * * * 

Pea, winged, edible podded .................. 0.02 

* * * * * 

Soybean, vegetable, edible podded ...... 0.02 

* * * * * 

Velvetbean, edible podded .................... 0.02 

* * * * * 

[FR Doc. 2022–05065 Filed 3–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R10–RCRA–2021–0439; FRL–8853– 

02–R10] 

Oregon: Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final authorization. 

SUMMARY: Oregon applied to the 

Environmental Protection Agency (EPA) 

for final authorization of changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA), as amended. EPA has 

reviewed Oregon’s application and has 

determined that these changes satisfy all 

requirements needed to qualify for 


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