Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations 15335 

(b) meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

4. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. This rule merely 

adjusts the level of civil monetary 

penalties that BOEM may impose on its 

lessees and has no effects on any action 

of State or local governments. Therefore, 

a federalism summary impact statement 

is not required. 

5. Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175) 

The Department of the Interior and 

BOEM strive to strengthen their 

government-to-government 

relationships with Indian Tribes 

through a commitment to consultation 

with Indian Tribes and recognition of 

their right to self-governance and Tribal 

sovereignty. BOEM has evaluated this 

rule under the Department of the 

Interior’s consultation policy, under 

Departmental Manual part 512 chapters 

4 and 5, and under the criteria in E.O. 

13175 and determined that this rule has 

no substantial direct effects on federally 

recognized Indian Tribes or Alaska 

Native Claims Settlement Act (ANCSA) 

Corporations and that consultation 

under the Department of the Interior’s 

and BOEM’s Tribal and ANCSA 

consultation policies is not required. 

6. Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. Therefore, a statement of energy 

effects is not required. 

This action by the Principal Deputy 

Assistant Secretary is taken herein 

pursuant to an existing delegation of 

authority. 

List of Subjects 

30 CFR Part 550 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Federal 

lands, Government contracts, 

Investigations, Mineral resources, Oil 

and gas exploration, Outer continental 

shelf, Penalties, Pipelines, Reporting 

and recordkeeping requirements, Rightsof-way, Sulfur. 

30 CFR Part 553 

Administrative practice and 

procedure, Continental shelf, Financial 

responsibility, Liability, Limit of 

liability, Oil and gas exploration, Oil 

pollution, Outer continental shelf, 

Penalties, Pipelines, Reporting and 

recordkeeping requirements, Rights-ofway, Surety bonds, Treasury securities. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, BOEM amends 30 CFR parts 

550 and 553 as follows: 

PART 550—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 550 

continues to read as follows: 

Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 

43 U.S.C. 1334. 

■ 2. Revise § 550.1403 to read as 

follows: 

§ 550.1403 What is the maximum civil 

penalty? 

The maximum civil penalty is 

$48,862 per day per violation. 

PART 553—OIL SPILL FINANCIAL 

RESPONSIBILITY FOR OFFSHORE 

FACILITIES 

■ 3. The authority citation for part 553 

is revised to read as follows: 

Authority: 33 U.S.C. 2704, 2716, as 

amended. 

■ 4. Revise § 553.51(a) to read as 

follows: 

§ 553.51 What are the penalties for not 

complying with this part? 

(a) If you fail to comply with the 

financial responsibility requirements of 

OPA at 33 U.S.C. 2716 or with the 

requirements of this part, then you may 

be liable for a civil penalty of up to 

$51,796 per COF per day of violation 

(that is, each day a COF is operated 

without acceptable evidence of OSFR). 

* * * * * 

[FR Doc. 2022–05633 Filed 3–17–22; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0375; FRL–9472–01– 

OCSPP] 

Bicyclopyrone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of bicyclopyrone 

in or on banana; broccoli; hop, dried 

cones; horseradish; onion, bulb; onion, 

green; papaya; strawberry; sweet potato, 

tuber; timothy, forage; timothy, hay and 

watermelon. Syngenta Crop Protection, 

LLC., requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

March 18, 2022. Objections and requests 

for hearings must be received on or 

before May 17, 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–2020–0375, 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 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

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

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, 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). 


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• 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–2020–0375 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 

17, 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– 

2020–0375, 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/contacts.html. 

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 February 

25, 2021 (86 FR 11488) (FRL–10020–47), 

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 0F8853) by 

Syngenta Crop Protection, LLC, P.O. 

Box 18300, Greensboro, NC 27419– 

8300. The petition requested that 40 

CFR part 180 be amended by 

establishing tolerances for residues of 

the herbicide bicyclopyrone, 4-hydroxy3-{2-[(2-methoxyethoxy)methyl}-6- 

(trifluoromethyl)-3- 

pyridylcarbonyl}bicyclo[3.2.1]oct-3-en2-one, in or on banana at 0.01 parts per 

million (ppm); broccoli at 0.01 ppm; 

garlic, bulb at 0.02 ppm, hops, dried 

cones at 0.04 ppm; horseradish at 0.015 

ppm; onion, bulb at 0.02 ppm; onion, 

green at 0.05 ppm; papaya at 0.01 ppm; 

plantains at 0.01 ppm; strawberry at 

0.01 ppm; sweet potato, roots at 0.02 

ppm; timothy, forage at 0.9 ppm; 

timothy, hay at 1.5 ppm; and 

watermelon at 0.01 ppm. 

That document referenced a summary 

of the petition prepared by Syngenta 

Crop Protection, LLC., the registrant, 

which is available in the docket, https:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Based upon review of the data 

supporting the petition, EPA is 

establishing several tolerances at 

different levels than requested by the 

petitioner, is not establishing several 

petitioned for tolerances, and adjusted 

several commodity definitions. The 

reasons for these changes are explained 

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 bicyclopyrone 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with bicyclopyrone follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections of the 

rule that repeat what has been 

previously published in tolerance 

rulemakings for 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 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 

bicyclopyrone, in which EPA 

concluded, based on the available 

information, that there is a reasonable 

certainty that no harm would result 

from aggregate exposure to 

bicyclopyrone 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. 

A. Toxicological Profile 

For a discussion of the Toxicological 

Profile of bicyclopyrone, see Unit III.A. 

of the December 23, 2021, rulemaking 

(86–FR–72846) (FRL–9199–01–OCSPP). 

B. Toxicological Points of Departure/ 

Levels of Concern 

Once a pesticide’s toxicological 

profile is determined, EPA identifies 

toxicological points of departure (POD) 

and levels of concern to use in 

evaluating the risk posed by human 

exposure to the pesticide. The PODs and 

levels of concern have not changed from 

the previous rulemaking and EPA 

incorporates the background 

information in the December 23, 2021, 

rulemaking. A summary of the 


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toxicological endpoints for 

bicyclopyrone used for human risk 

assessment can be found in the 

document titled ‘‘Bicyclopyrone: 

Human Health Risk Assessment for the 

Establishment of Permanent Tolerances 

for Residues in/on Bananas, Broccoli, 

Dry Bulb Onions, Green Onion, Hops, 

Horseradish, Papaya, Strawberry, Sweet 

Potatoes, Timothy Forage, Timothy Hay, 

and Watermelon’’ (hereinafter 

‘‘Bicyclopyrone Human Health Risk 

Assessment’’) in docket ID number 

EPA–HQ–OPP–2020–0375 in 

regulations.gov. 

C. Exposure Assessment 

Much of the exposure assessment 

remains the same although updates have 

occurred to accommodate exposures 

from the petitioned-for tolerance. 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 December 23, 2021, 

rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposure from the new uses 

of bicyclopyrone on banana; broccoli; 

hop, dried cones; horseradish; onion, 

bulb; onion, green; papaya; strawberry; 

sweet potato, tuber; timothy, forage; 

timothy, hay; and watermelon (see Unit 

IV. C for an explanation of the 

differences between this list and the 

petitioned for tolerances). The 

assessment used the same assumptions 

as the December 23, 2021, final rule 

concerning average field trial residues 

for registered crops, tolerance levels for 

the proposed crops and recently added 

crops, average empirical processing 

factors for registered crops, anticipated 

residues for livestock commodities, and 

percent crop treated (PCT) for registered 

crops commodities. 

D. 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. 

The chronic dietary assessment 

incorporated the following average PCT 

estimates: Barley, 1%; field corn, 10%; 

sweet corn, 5%; pop corn, 10% (used 

the higher of the corn PCT); and wheat, 

5% (used spring wheat PCT which was 

higher than winter wheat PCTs). An 

estimate of 100% crop treated was used 

for all other commodities. The PCT for 

livestock commodities is based on the 

PCT value for the livestock feed item 

used in the dietary burden with the 

highest percent crop treated (field corn, 

10%). 

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 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 the three 

conditions discussed in Unit III.C.1. iv 

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 bicyclopyrone may be applied in 

a particular area. 

Dietary exposure from drinking water. 

EPA has revised the bicyclopyrone 

Drinking Water Assessment (DWA) 

since the December 23, 2021, rule. The 

2016 DWA for bicyclopyrone (USEPA, 

2016, DP Barcode 428614) 

recommended moving forward with 

estimated drinking water concentrations 

(EDWCs) for a groundwater scenario 

that occurred in a wheat and barley 

growing area and move away from the 

existing EDWCs based on a simulation 

resulting in the highest groundwater 

EDWC. The Human Health Risk 

Assessment (USEPA, 2022, DP Barcode 

459563) used the highest groundwater 

EDWCs from the previous 2016 DWA. 

The maximum acute and chronic/cancer 

surface water and groundwater EDWCs 

associated with bicyclopyrone use were 

7.61 parts per billion (ppb) for the 

maximum acute and 6.66 ppb, for the 

maximum chronic/cancer. 

Non-occupational exposure. There are 

no new residential (non-occupational) 

exposures associated with the new 

proposed uses and bicyclopyrone is not 

registered for any use patterns that 

would result in residential exposure. 

Cumulative exposure. For a 

discussion of the cumulative exposure 

assessment of bicyclopyrone, see Unit 


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III.C.4 of the December 23, 2021, 

rulemaking. 

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 December 23, 2021 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 PAD (cPAD). For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. 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 exists. 

An acute dietary exposure assessment 

was not conducted as toxicological 

effects attributable to a single dose were 

not identified. Chronic dietary risks are 

below the Agency’s level of concern of 

100% of the cPAD: The population 

subgroup with the highest exposure 

estimate was all infants at 16% of the 

cPAD. Bicyclopyrone is classified as 

‘‘Suggestive Evidence of Carcinogenic 

Potential’’. However, because the 

Agency has determined that the chronic 

reference dose will be protective of any 

potential cancer risk and there are no 

chronic risks that exceeds the Agency’s 

level of concern, EPA concludes that 

there is not a concern for cancer risk 

from exposure to bicyclopyrone. There 

are no registered or new uses of 

bicyclopyrone that would result in 

residential exposure, therefore the 

aggregate risk estimates are equivalent 

to the chronic dietary (food and water) 

risk estimates and are not of concern. 

Based on these risk assessments and 

the information described above, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, or to infants and 

children from aggregate exposure to 

bicyclopyrone residues. More detailed 

information about the Agency’s analysis 

can be found in the Bicyclopyrone 

Human Health Risk Assessment in 

docket ID number EPA–HQ–OPP–2020– 

0373 in regulations.gov at https://

www.regulations.gov. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A of the December 23, 2021, 

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). 

The Codex has not established a MRL 

for residues of bicyclopyrone in/on 

bananas, broccoli, dry bulb onions, 

timothy forage or hay, green onion, 

hops, horseradish, papaya, strawberry, 

sweet potato, or watermelon. 

C. Revisions to Petitioned-For 

Tolerances 

FFDCA section 408(d)(4)(A)(i) permits 

the Agency to finalize a tolerance that 

varies from that sought by the petition. 

The petitioner initially requested to 

include tolerances for both banana and 

plantain; however, a separate tolerance 

is not required for plantain per 40 CFR 

180.1(g). Therefore, the Agency is only 

finalizing a tolerance for banana. The 

petitioner also requested to include 

tolerances for both garlic and onion, 

bulb; however, a separate tolerance is 

not required for garlic per 40 CFR 

180.1(g). Therefore, the Agency is only 

finalizing a tolerance for onion, bulb. 

The proposed commodity definitions 

for hops, dried cones; sweet potato, 

roots; have been modified to hop, dried 

cones; sweet potato, tuber, respectively, 

in order be consistent with Agency 

nomenclature. 

The petitioner initially requested a 

tolerance of 0.9 ppm for timothy, forage 

and 1.5 ppm for timothy, hay. The 

petitioner appears to have calculated the 

requested tolerance value using input 

residue values from the forage and hay 

decline trials with a longer preharvest 

intervals (PHI), which would 

underestimate the resulting residues. 

The Agency used the residue values 

from the decline trial that had the 

shortest PHI. The Agency deems it 

appropriate to use the more 

conservative (i.e., results with the 

highest residue value) approach and as 

a result produced a recommended 

tolerance of 1.5 ppm for timothy, forage 

and 2 ppm for timothy, hay when 

entered into the OECD calculator. 

The proposed commodity for 

horseradish tolerance has also been 

modified to be set at the respective limit 

of quantitation (LOQs), as there were no 

residues detected. 

V. Conclusion 

Therefore, tolerances are established 

for residues of bicyclopyrone, 4- 

hydroxy-3-[[2-[(2- 

methoxyethoxy)methyl]-6- 

(trifluoromethyl)-3- 

pyridinyl]carbonyl]bicyclo[3.2.1]oct-3- 

en-2-one, including its metabolites and 

degradates in or on banana at 0.01 ppm; 

broccoli at 0.01 ppm; hop, dried cones 

at 0.04 ppm; horseradish at 0.02 ppm; 

onion, bulb at 0.02 ppm; onion, green at 

0.05 ppm; papaya at 0.01 ppm; 

strawberry at 0.01 ppm; sweet potato, 

tuber at 0.02 ppm; timothy, forage at 1.5 

ppm; timothy, hay at 2 ppm; and 

watermelon at 0.01 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 Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

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

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 


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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 9, 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 § 180.682 amend Table 1 to 

Paragraph (a) (1) by adding in 

alphabetical order the entries ‘‘Banana’’; 

‘‘Broccoli’’; ‘‘Hop, dried cones’’; 

‘‘Horseradish’’; ‘‘Onion, bulb’’; ‘‘Onion, 

green’’; ‘‘Papaya’’; ‘‘Strawberry’’; ‘‘Sweet 

potato, tuber’’; ‘‘Timothy, forage’’; 

Timothy, hay’’; and ‘‘Watermelon’’ to 

read as follows: 

§ 180.682 Bicyclopyrone; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

Banana ....................................... 0.01 

* * * * * 

Broccoli ....................................... 0.01 

* * * * * 

Hop, dried cones ........................ 0.04 

* * * * * 

Horseradish ................................ 0.02 

* * * * * 

Onion, bulb ................................. 0.02 

Onion, green ............................... 0.05 

Papaya ........................................ 0.01 

* * * * * 

Strawberry .................................. 0.01 

* * * * * 

Sweet potato, tuber .................... 0.02 

Timothy, forage ........................... 1.5 

Timothy, hay ............................... 2 

* * * * * 

Watermelon ................................ 0.01 

* * * * * 

* * * * * 

[FR Doc. 2022–05737 Filed 3–17–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket No. 21–263; FCC 22–13; FR ID 

76380] 

Broadcast Radio Technical Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communication 

Commission (Commission or FCC) 

amends the rules applicable to 

broadcast radio stations to better reflect 

current requirements and eliminate 

redundant, outdated, or conflicting 

technical provisions. 

DATES: Effective April 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

James Bradshaw, Deputy Division Chief, 

Media Bureau, Audio Division (202) 

418–2739, James.Bradshaw@fcc.gov; 

Christine Goepp, Attorney Advisor, 

Media Bureau, Audio Division, (202) 

418–7834, Christine.Goepp@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), MB Docket No. 21– 

263, FCC 22–13, adopted on February 

16, 2022, and released on February 17, 

2022. The full text of the R&O will be 

available electronically via the FCC’s 

Electronic Document Management 

System (EDOCS) website at 

www.fcc.gov/edocs or via the FCC’s 

Electronic Comment Filing System 

(ECFS) website at www.fcc.gov/ecfs. The 

Commission published the notice of 

proposed rulemaking (NPRM) at 86 FR 

43145 on August 6, 2021. 

Synopsis 

1. The Federal Communication 

Commission amends the following rules 

applicable to broadcast radio stations to 

better reflect current requirements and 

eliminate redundant, outdated, or 

conflicting technical provisions. 

2. Maximum rated transmitter power 

for AM stations. The Commission 

amends 47 CFR 73.1665(b) to remove 

the maximum rated transmitter power 

limit for AM stations and deletes the 

corresponding ‘‘Table 1 to paragraph 

(b).’’ This equipment limitation on 

potential transmitter power is outdated 

and unnecessary given the 

Commission’s current reliance on actual 

operating antenna input power as the 

most accurate and effective means of 

ensuring that AM stations adhere to 

their authorized power limits. The 

Commission anticipates that elimination 

of this technical restriction on AM 

transmitters will allow AM stations of 

any class to use transmitters of any rated 

power, thus benefiting the AM service 

by broadening the market of transmitters 

available to stations, enhancing the 

secondary market for AM transmitters, 

and reducing the number of transmitters 

that need to be disposed of. 

Accordingly, it amends 47 CFR 

73.1665(b) by removing the maximum 

rated transmitter power for AM stations, 

deletes the ‘‘Table 1 to paragraph (b),’’ 

and replaces ‘‘power rating limit’’ in the 

first sentence with ‘‘manufacturer-rated 

power limit’’ to indicate that this is a 

technical specification established by 

the transmitter manufacturer. 

3. Noncommercial Educational (NCE) 

community of license coverage. The 

Commission eliminates the 

inconsistency between 47 CFR 

73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) 

and the NCE FM community coverage 

standard set out in 47 CFR 73.515. 

Specifically, it amends 


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