13636 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 

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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 9, 2022. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 4, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart EE—New Hampshire 

■ 2. In § 52.1520(c), amend the table by 

revising the entry ‘‘Env-A 1500’’ to read 

as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date 1 Explanations 

*******

Env-A 1500 ..... Conformity ..... 1/18/2020 3/10/2022 [Insert Federal Register citation] Env-A 1500 revision approved entirely. 

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2022–05028 Filed 3–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0355; FRL–9565–01– 

OCSPP] 

Novaluron; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of novaluron in 

or on Almond, hulls and the Tree nut 

group 14–12. Makhteshim Agan of 

North America (ADAMA) 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–2021–0355, 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. 

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 eVerDate Sep<11>2014 15:49 Mar 09, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1

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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 13637 

CFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing

request?

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0355 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– 

2021–0355, 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 0F8872) by 

Makhteshim Agan of North America, 

Inc. (d/b/a ADAMA), 3120 Highwoods 

Boulevard, Suite 100, Raleigh, NC 

27604. The petition requested to 

establish tolerances for residues of the 

insecticide novaluron in or on Tree 

nuts, nutmeat (Crop Group 14–12) at 

0.07 parts per million (ppm) and 

Almond, hulls at 15.0 ppm. That 

document referenced a summary of the 

petition, 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 and in 

accordance with its authority under 

FFDCA section 408(d)(4)(A)(i), EPA is 

establishing the tolerances at different 

levels than petitioned for and is 

modifying the crop group definition to 

be consistent with Agency terminology. 

A discussion of these modifications 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.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified 

therein, EPA has reviewed the available 

scientific data and other relevant 

information in support of this action. 

EPA has sufficient data to assess the 

hazards of and to make a determination 

on aggregate exposure for novaluron 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with novaluron 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 

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 

tolerance rulemakings as well as an 

interim decision to support registration 

review for novaluron in which EPA 

concluded, based on the available 

information, that there is a reasonable 

certainty that no harm would result 

from aggregate exposure to novaluron 

and established tolerances for residues 

of that chemical. EPA is incorporating 

previously published sections from 

these rulemakings as described further 

in this rulemaking, as they remain 

unchanged. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

novaluron, see Unit III.A. of the 

novaluron tolerance rulemaking 

published in the Federal Register of 

July 22, 2015 (80 FR 43329) (FRL–9929– 

57), which was not modified by the 

Novaluron Interim Registration Review 

Decision (https://www.regulations.gov/ 

document/EPA-HQ-OPP-2015-0171- 

0063). 

Toxicological Points of Departure/ 

Levels of Concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for novaluron used 

for human risk assessment, please 

reference Unit III.B. of the July 22, 2015, 

rulemaking as well as the Novaluron 

Interim Registration Review Decision. 

Exposure assessment. EPA’s dietary 

exposure assessments have been 

updated to include the additional 

exposure from the new uses of 

novaluron on the tree nut group 14–12 

and almond hulls. An acute dietary 

exposure assessment was not performed 

as there are no appropriate toxicological 

effects attributable to a single exposure 

(dose). A partially refined chronic 

dietary (food and drinking water) 

exposure and risk assessment was 

conducted that incorporated tolerancelevel residues for the proposed new 

uses. The chronic dietary exposure and 

risk assessment also incorporated 

average percent crop treated (PCT) data 

for several registered commodities. For 

the remaining commodities, 100 PCT 

was assumed. Anticipated residues for 

meat, milk, hog, and poultry 

commodities were incorporated as well. 

A cancer dietary assessment was not 

conducted because novaluron is 

classified as ‘‘not likely to be 

carcinogenic to humans.’’ 


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Anticipated residue and 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. 

Updated average percent crop treated 

values were used for the following crops 

that are currently registered for 

novaluron: Apples (10%), broccoli 

(<1%), cabbage (5%), cantaloupe (<1%), 

cauliflower (<1%), cherries (<1%), 

cotton (5%), dry beans/peas (<1%), 

peaches (<1%), peanuts (5%), pears 

(25%), peppers (5%), plums/prunes 

(<1%), potatoes (5%), pumpkins (<1%), 

sorghum (<1%), squash (<1%), 

strawberries (45%), sugarcane (<1%), 

sweet corn (<1%), tomatoes (<2.5%), 

and watermelons (<1%). 

In most cases, EPA uses available data 

from United States Department of 

Agriculture/National Agricultural 

Statistics Service (USDA/NASS), 

proprietary market surveys, and 

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 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 novaluron may be applied in a 

particular area. 

Drinking water and non-occupational 

exposures. An updated drinking water 

assessment (DWA) for the proposed use 

of novaluron on tree nuts (Crop Group 

14–12) was conducted. The maximum 

screening-level estimated drinking 

water concentrations (EDWCs) for uses 

on tree nuts are 9.6 ppb (acute) and 0.89 

ppb (chronic) from surface water 

sources. The calculated EDWCs for 

these commodities do not supersede the 

previously used EDWCs of 31 ppb 

(acute) and 8.4 ppb (chronic). Therefore, 

the previously recommended EDWCs 

remain current and are considered 

protective potential drinking water 

residue levels anticipated from the 

proposed tolerance updates to tree nuts. 

As stated in the August 13, 2020, 

rulemaking (85 FR 49261) (FRL–10011– 

78), the chronic dietary exposure and 

risk assessment incorporate the highest 

total EDWC of 8.4 parts per billion 

directly into this dietary assessment. 

The residential exposure assessment has 

not changed since the 2015 final rule 

because there are no proposed new 

residential uses. For a summary of the 

residential exposure analysis for 

novaluron used for the human risk 

assessment, please reference Unit 

III.C.3. of the July 22, 2015, rulemaking. 

Cumulative exposure. Section 

408(b)(2)(D)(v) of FFDCA requires that, 

when considering whether to establish, 

modify, or revoke a tolerance, the 

Agency consider ‘‘available 

information’’ concerning the cumulative 

effects of a particular pesticide’s 

residues and ‘‘other substances that 

have a common mechanism of toxicity.’’ 

Unlike other pesticides for which EPA 

has followed a cumulative risk approach 

based on a common mechanism of 

toxicity, EPA has not made a common 

mechanism of toxicity finding as to 

novaluron and any other substances and 

novaluron does not appear to produce a 

toxic metabolite produced by other 

substances. For the purposes of this 

action, therefore, EPA has not assumed 

that novaluron has a common 

mechanism of toxicity with other 

substances. 

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 from 

10X to 1X. See Unit III.D. of the July 22, 

2015, rulemaking for a discussion of the 

Agency’s rationale for that 

determination. 

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. 

An acute dietary exposure assessment 

was not performed as there were no 


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Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Rules and Regulations 13639 

appropriate toxicological effects 

attributable to a single exposure (dose) 

observed in available oral toxicity 

studies, including maternal toxicity in 

the developmental toxicity studies. 

Chronic dietary risks are below the 

Agency’s level of concern of 100% of 

the cPAD; they are 47% of the cPAD for 

children 1 to 2 years old, the group with 

the highest exposure. The combined 

short- and intermediate-term food, 

water, and residential exposures result 

in aggregate MOEs of 3,500 for adults 

and 250 for children 1 to 2 years old. 

These MOEs are greater than the level 

of concern of 100 and are therefore not 

of concern. Novaluron is classified as 

‘‘Not Likely to Be Carcinogenic to 

Humans’’; therefore, EPA does not 

expect novaluron exposures to pose an 

aggregate cancer risk. 

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 novaluron residues. More 

detailed information on this action can 

be found in the document titled 

‘‘Novaluron. Human Health Risk 

Assessment for Proposed New Uses on 

Nut, Tree, Group 14–12’’ in docket ID 

EPA–HQ–OPP–2021–0355. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the July 22, 2015, 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 either 

Almond, hulls or the Nut, tree, group 

14–12 crop group; therefore, 

harmonization is not an issue. 

C. Revisions to Petitioned-For 

Tolerances 

The Agency is establishing a 0.08 

ppm tolerance level for Nut, tree, group 

14–12, rather than at 0.07 ppm as 

proposed by the petitioner. The 

petitioner used the Organization for 

Economic Co-operation and 

Development (OECD) tolerance 

calculator but combined the almond and 

pecan data sets. EPA separately input 

the almond and pecan nutmeat data, 

which resulted in the higher residue. 

EPA is therefore using a tolerance level 

of 0.08 ppm (from almond data) as it is 

the higher of the two results. The 

commodity definition for ‘‘Tree nuts, 

nutmeat (Crop Group 14–12)’’ is also 

being modified to ‘‘Nut, tree, group 14– 

12’’ to be consistent with Agency 

nomenclature. EPA also revised the 

tolerance level for Almond, hulls to be 

consistent with the OECD rounding 

class practice. 

V. Conclusion 

Therefore, tolerances are established 

for residues of novaluron in or on 

Almond, hulls at 15 ppm and the Nut, 

tree, group 14–12 at 0.08 ppm. 

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). 

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. Section 180.598(a) is amended by: 

■ a. Adding a table heading; and 


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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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