Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 52077 

historically referred character of 

discharge issues to VBA. Doing so helps 

ensure VA-wide consistency on benefits 

determinations and helps prevent 

confusion in claimants and beneficiaries 

that would likely result from VBA and 

NCA having differing standards. The 

amendment this final rule makes merely 

adds an explanatory note to inform the 

public of this long standing process. As 

such, we make no changes based on the 

comment regarding the complexity of 

character of discharge determinations, 

or the commentor’s suggestion that VA 

utilize automated formulas to determine 

the character of a discharge. 

Finally, the commenter indicated that 

the proposed rule was not available for 

comment for the entire 60 days 

following publication in the Federal 

Register, and requested an extended 

period for comment. We note that the 

proposed rule was published in the 

Federal Register on December 18, 2020, 

and the comment period closed on 

February 16, 2021, which is a period of 

60 days. Consequently, we take no 

action based on this comment. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. The provisions 

associated with this rulemaking are 

merely internal administrative processes 

to VA specifically and do not involve or 

impact any external entities outside of 

VA. Therefore, pursuant to 5 U.S.C. 

605(b), the initial and final regulatory 

flexibility analysis requirements of 5 

U.S.C. 603 and 604 do not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.201, National Cemeteries; and 

64.202, Procurement of Headstones and 

Markers and/or Presidential Memorial 

Certificates. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

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

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Claims, 

Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on September 14, 2021, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set forth in the 

preamble, VA amends 38 CFR part 38 as 

set forth below: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 38 U.S.C. 101, 107, 112, 501, 

512, 2306, 2402, 2403, 2404, 2407, 2408, 

2411, 5303, 7105. 

■ 2. Amend § 38.620 by adding a note to 

the section to read as follows: 

§ 38.620 Persons eligible for burial. 

* * * * * 

Note 1 to § 38.620: A benefit request 

pertaining to a decedent whose character of 

discharge may potentially bar eligibility to 

that benefit may be referred to the Veterans 

Benefits Administration for review in 

accordance with 38 CFR 3.12 (Character of 

discharge) or other applicable sections. 

[FR Doc. 2021–20220 Filed 9–17–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0245; FRL–8664–01– 

OCSPP] 

Fluazinam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluazinam in 

or on multiple commodities that are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 20, 2021. Objections and 

requests for hearings must be received 

on or before November 19, 2021, 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–2020–0245, is 

available at http://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 emergency, 

the EPA Docket Center (EPA/DC) and 

Reading Room is closed to visitors with 

52078 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 

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, 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 Government Publishing Office’s eCFR site at http://www.ecfr.gov/cgi-bin/ 

text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

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–2020–0245 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 

November 19, 2021. 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– 

2020–0245, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

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 http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/ 

dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of September 

30, 2020 (85 FR 61681) (FRL–10014–74), 

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 0E8827) by IR–4, 

IR–4 Project Headquarters, Rutgers, The 

State University of New Jersey, 500 

College Road East, Suite 201W, 

Princeton, NJ 08540. The petition 

requested the establishment of 

tolerances in 40 CFR 180.574 for 

residues of the herbicide fluazinam in or 

on multiple commodities. For a 

complete list, please refer to the 

September 30, 2020 notification (85 FR 

61681) (FRL–10014–74). Additionally, 

the petitioner proposed removing 

established tolerances for residues of 

fluazinam in or on the raw agricultural 

commodities; vegetable, legume, edible 

podded, subgroup 6A, except pea at 

0.10 ppm; pea and bean, succulent 

shelled, subgroup 6B, except pea at 0.04 

ppm; pea and bean, dried shelled, 

except soybean, subgroup 6C, except 

pea at 0.02 ppm; vegetable, brassica 

leafy, group 5, except cabbage at 0.01 

ppm; and turnip, greens at 0.01 ppm. 

That document referenced a summary of 

the petition prepared by ISK 

Biosciences, the registrant, which is 

available in the docket, http://

www.regulations.gov. Two comments 

were received in response to the notice 

of filing. One was about geographic 

pesticide concentration but not about 

fluazinam specifically, and the other 

was associated with a different 

chemical. 

Based upon review of the data 

supporting the petition, EPA is 

establishing tolerances at different 

levels than petitioned-for and modified 

some of the commodity definitions 

used. 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 fluazinam 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with fluazinam 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 rulemakings of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemakings and 

republishing the same sections is 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 52079 

unnecessary; EPA considers referral 

back to those sections as sufficient to 

provide an explanation of the 

information EPA considered in making 

its safety determination for the new 

rulemaking. 

EPA has previously published a 

number of tolerance rulemakings for 

fluazinam, in which EPA concluded, 

based on the available information, that 

there is a reasonable certainty that no 

harm would result from aggregate 

exposure to fluazinam 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 

fluazinam, see Unit III.A. of the April 8, 

2016 rulemaking (81 FR 20545) (FRL– 

9942–99). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern used for the safety 

assessment, see Unit III.B. of the 

November 7, 2012 rulemaking (77 FR 

66723) (FRL–9366–6). 

Exposure assessment. Much of the 

exposure assessment remains the same, 

although some updates have occurred to 

accommodate exposures from the 

petitioned-for tolerances. The updates 

are discussed in this section. 

The acute dietary analysis is based on 

tolerance-level residues for all 

commodities and uses high-end residue 

estimates for the metabolite 3-[[4-amino3-[[3-chloro-5- (trifloromethyl)-2- 

pyridinyl]amino]-2-nitro-6- 

(trifluoromethyl) phenyl] thio]-2-(betaDglucopyranosyloxy) propionic acid), 

known as AMGT. In addition, the acute 

assessment assumes 100 percent crop 

treated (PCT) and incorporates modeled 

EDWCs that account for both parent 

fluazinam and its transformation 

products. The chronic dietary analysis 

is based on tolerance level residues for 

all commodities except apples. For 

apples, the average field trial value was 

used. As with the acute assessment, the 

chronic assessment incorporates highend estimates for AMGT and default 

processing factors for all relevant 

processed commodities without a 

separate tolerance, and modeled EDWCs 

that account for both parent and 

transformation products. The chronic 

assessment also incorporated PCT data. 

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. 

The following average PCT estimates 

were used in the chronic dietary risk 

assessments for the crops that are 

currently registered for fluazinam: 

Apples (<1%), beans (5%), cabbage 

(<1%), carrots (<1%), dry beans/peas 

(<2.5%), lima beans (5%), onions 

(<1%), peanuts (<2.5%), potatoes (15%), 

pumpkin (<1%), and soybeans (<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 figures 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 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 fluazinam may be applied in a 

particular area. 

Dietary exposure from drinking water. 

The Agency used screening-level water 

exposure models in the dietary exposure 

analysis and risk assessment for 

fluazinam in drinking water. Further 

information regarding EPA drinking 

water models used in pesticide 

exposure assessment can be found at 

http://www2.epa.gov/pesticide-scienceand-assessing-pesticide-risks/aboutwater-exposure-models-used-pesticide. 

Based on the FQPA Index Reservoir 

Screening Tool (FIRST) and Pesticide 

Root Zone Model for Groundwater 

(PRZM–GW), EPA used an EDWC of 226 

ppb for the acute dietary assessment and 

141 ppb in the chronic dietary risk 

assessment. 

Non-occupational exposure. See Unit 

III.C.3. of the April 8, 2016 rulemaking 

for a discussion of non-dietary 

exposure, which included residential 

exposures to golf course turf. 

Cumulative exposure. Unlike other 

pesticides for which EPA has followed 

a cumulative risk approach based on a 

52080 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 

common mechanism of toxicity, EPA 

has not made a common mechanism of 

toxicity finding as to fluazinam and any 

other substances, and fluazinam does 

not appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this action, therefore, EPA 

has not assumed that fluazinam has a 

common mechanism of toxicity with 

other substances. 

Safety factor for infants and children. 

EPA continues to conclude that there is 

reliable data to support the reduction of 

the Food Quality Protection Act (FQPA) 

safety factor. See Unit III.D. of the April 

8, 2016 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). 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 37% of the aPAD for 

females 13 to 49 years old, the 

population subgroup with the highest 

risk estimate. Chronic dietary risks are 

below the Agency’s level of concern of 

100% of the cPAD: they are 88% of the 

cPAD for all infants, the population 

subgroup with the highest exposure 

estimate. The short-term aggregate risk 

assessments resulted in MOEs that are 

greater than the Agency’s level of 

concern of 100 and therefore are not of 

concern. The MOEs are 381 for children 

6 to less than 11 years old; 470 for 

youths 11 to less than 16 years old; and 

420 for adults. Intermediate-term and 

long-term residential exposures are not 

expected. 

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 fluazinam residues. More 

detailed information about the Agency’s 

analysis can be found at http://

www.regulations.gov in the document 

titled ‘‘Fluazinam. Human Health Risk 

Assessment for the Proposed Use on 

Individual Commodities of Proposed 

Crop Subgroup 6–19B; Edible Podded 

Pea Legume Vegetable Subgroup, Crop 

Subgroup 6–19D: Succulent Shelled Pea 

Subgroup, Crop Subgroup 6–19F: Dried 

Shelled Pea Subgroup, Crop Subgroup 

8–10A: Tomato Subgroup, Papaya, and 

Crop Group Conversions.’’ in docket ID 

number EPA–HQ–OPP–2020–0245. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A of the April 8, 2016 rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

No Codex MRLs have been established 

for fluazinam. 

C. Revisions to Petitioned-For 

Tolerances 

Most of the proposed commodity 

definitions have been modified to be 

consistent with Agency nomenclature. 

In addition, EPA adjusted the tolerances 

for the edible podded bean commodities 

by removing the trailing zero to be 

consistent with the OECD Rounding 

Practice. 

V. Conclusion 

Therefore, tolerances are established 

for residues of fluazinam in or on Bean, 

adzuki, dry seed at 0.02 ppm; Bean, 

American potato, dry seed at 0.02 ppm; 

Bean, asparagus, edible podded at 0.1 

ppm; Bean, asparagus, dry seed at 0.02 

ppm; Bean, black, dry seed at 0.02 ppm; 

Bean, broad, dry seed at 0.02 ppm; 

Bean, broad, succulent shelled at 0.04 

ppm; Bean, catjang, edible podded at 0.1 

ppm; Bean, catjang, dry seed at 0.02 

ppm; Bean, catjang, succulent shelled at 

0.04 ppm; Bean, cranberry, dry seed at 

0.02 ppm; Bean, dry, dry seed at 0.02 

ppm; Bean, field, dry seed at 0.02 ppm; 

Bean, French, dry seed at 0.02 ppm; 

Bean, French, edible podded at 0.1 ppm; 

Bean, garden, dry seed at 0.02 ppm; 

Bean, garden, edible podded at 0.1 ppm; 

Bean, goa, dry seed at 0.02 ppm; Bean, 

goa, edible podded at 0.1 ppm; Bean, 

goa, succulent shelled at 0.04 ppm; 

Bean, great northern, dry seed at 0.02 

ppm; Bean, green, dry seed at 0.02 ppm; 

Bean, green, edible podded at 0.1 ppm; 

Bean, guar, dry seed at 0.02 ppm; Bean, 

guar, edible podded at 0.1 ppm; Bean, 

kidney, dry seed at 0.02 ppm; Bean, 

kidney, edible podded at 0.1 ppm; Bean, 

lablab, dry seed at 0.02 ppm; Bean, 

lablab, edible podded at 0.1 ppm; Bean, 

lablab, succulent shelled at 0.04 ppm; 

Bean, lima, dry seed at 0.02 ppm; Bean, 

lima, succulent shelled at 0.04 ppm; 

Bean, morama, dry seed at 0.02 ppm; 

Bean, moth, dry seed at 0.02 ppm; Bean, 

moth, edible podded at 0.1 ppm; Bean, 

moth, succulent shelled at 0.04 ppm; 

Bean, mung, dry seed at 0.02 ppm; 

Bean, mung, edible podded at 0.1 ppm; 

Bean, navy, dry seed at 0.02 ppm; Bean, 

navy, edible podded at 0.1 ppm; Bean, 

pink, dry seed at 0.02 ppm; Bean, pinto, 

dry seed at 0.02 ppm; Bean, red, dry 

seed at 0.02 ppm; Bean, rice, dry seed 

at 0.02 ppm; Bean, rice, edible podded 

at 0.1 ppm; Bean, scarlet runner, dry 

seed at 0.02 ppm; Bean, scarlet runner, 

edible podded at 0.1 ppm; Bean, scarlet 

runner, succulent shelled at 0.04 ppm; 

Bean, snap, edible podded at 0.1 ppm; 

Bean, sword, dry seed at 0.02 ppm; 

Bean, sword, edible podded at 0.1 ppm; 

Bean, tepary, dry seed at 0.02 ppm; 

Bean, urd, dry seed at 0.02 ppm; Bean, 

urd, edible podded at 0.1 ppm; Bean, 

wax, edible podded at 0.1 ppm; Bean, 

wax, succulent shelled at 0.04 ppm; 

Bean, yardlong, dry seed at 0.02 ppm; 

Bean, yardlong, edible podded at 0.1 

ppm; Bean, yellow, dry seed at 0.02 

ppm; Brassica, leafy greens, subgroup 4– 

16B at 0.01 ppm; Chickpea, dry seed at 

0.04 ppm; Chickpea, edible podded at 

0.15 ppm; Chickpea, succulent shelled 

at 0.03 ppm; Cowpea, dry seed at 0.02 

ppm; Cowpea, edible podded at 0.1 

ppm; Cowpea, succulent shelled at 0.04 

ppm; Gram, horse, dry seed at 0.02 ppm; 

Grass pea, dry seed at 0.04 ppm; Grass 

pea, edible podded at 0.15 ppm; 

Jackbean, dry seed at 0.02 ppm; 

Jackbean, edible podded at 0.1 ppm; 

Jackbean, succulent shelled at 0.04 ppm; 

Kohlrabi at 0.01 ppm; Lentil, dry seed 

at 0.04 ppm; Lentil, edible podded at 

0.15 ppm; Lentil, succulent shelled at 

0.03 ppm; Longbean, Chinese, dry seed 

at 0.02 ppm; Longbean, Chinese, edible 

podded at 0.1 ppm; Lupin, Andean, dry 

seed at 0.02 ppm; Lupin, Andean, 

succulent shelled at 0.04 ppm; Lupin, 

blue, dry seed at 0.02 ppm; Lupin, blue, 

succulent shelled at 0.04 ppm; Lupin, 

grain, dry seed at 0.02 ppm; Lupin, 

grain, succulent shelled at 0.04 ppm; 

Lupin, sweet white, dry seed at 0.02 

ppm; Lupin, sweet white, succulent 

shelled at 0.04 ppm; Lupin, sweet, dry 

seed at 0.02 ppm; Lupin, sweet, 

succulent shelled at 0.04 ppm; Lupin, 

white, dry seed at 0.02 ppm; Lupin, 

white, succulent shelled at 0.04 ppm; 

Lupin, yellow, dry seed at 0.02 ppm; 

Lupin, yellow, succulent shelled at 0.04 

ppm; Papaya at 3 ppm; Pea, blackeyed, 

dry seed at 0.02 ppm; Pea, blackeyed, 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 52081 

succulent shelled at 0.04 ppm; Pea, 

crowder, dry seed at 0.02 ppm; Pea, 

crowder, succulent shelled at 0.04 ppm; 

Pea, dry, dry seed at 0.04 ppm; Pea, 

dwarf, edible podded at 0.15 ppm; Pea, 

English, succulent shelled at 0.03 ppm; 

Pea, field, dry seed at 0.04 ppm; Pea, 

field, hay at 40 ppm; Pea, field, vines at 

6 ppm; Pea, garden, dry seed at 0.04 

ppm; Pea, garden, succulent shelled at 

0.03 ppm; Pea, green, dry seed at 0.04 

ppm; Pea, green, edible podded at 0.15 

ppm; Pea, green, succulent shelled at 

0.03 ppm; Pea, pigeon, dry seed at 0.04 

ppm; Pea, pigeon, edible podded at 0.15 

ppm; Pea, pigeon, succulent shelled at 

0.03 ppm; Pea, snap, edible podded at 

0.15 ppm; Pea, snow, edible podded at 

0.15 ppm; Pea, southern, dry seed at 

0.02 ppm; Pea, southern, succulent 

shelled at 0.04 ppm; Pea, sugar snap, 

edible podded at 0.15 ppm; Pea, 

winged, dry seed at 0.02 ppm; Pea, 

winged, edible podded at 0.1 ppm; 

Soybean, vegetable, dry seed at 0.02 

ppm; Soybean, vegetable, edible podded 

at 0.1 ppm; Soybean, vegetable, 

succulent shelled at 0.04 ppm; Tomato 

subgroup 8–10A at 1.5 ppm; Vegetable, 

brassica, head and stem, group 5–16, 

except cabbage at 0.01 ppm; Velvetbean, 

dry seed at 0.02 ppm; Velvetbean, edible 

podded at 0.1 ppm; Velvetbean, 

succulent shelled at 0.04 ppm; and Yam 

bean, African, dry seed at 0.02 ppm. 

Additionally, the following tolerances 

are removed as unnecessary: Pea and 

bean, dried shelled, except soybean, 

subgroup 6C, except pea; Pea and bean, 

succulent shelled, subgroup 6B, except 

pea; Turnip, greens; Vegetable, brassica, 

leafy, group 5, except cabbage; and 

Vegetable, legume, edible podded, 

subgroup 6A, except pea. 

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 tolerances and modifications 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: September 13, 2021. 

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 § 180.574, revising the table to 

paragraph (a)(1) to read as follows: 

§ 180.574 Fluazinam; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

Apple ......................................... 2.0 

Apple, wet pomace ................... 5.0 

Bean, adzuki, dry seed ............. 0.02 

Bean, American potato, dry 

seed ...................................... 0.02 

Bean, asparagus, edible podded ........................................ 0.1 

Bean, asparagus, dry seed ...... 0.02 

Bean, black, dry seed ............... 0.02 

Bean, broad, dry seed .............. 0.02 

Bean, broad, succulent shelled 0.04 

Bean, catjang, edible podded ... 0.1 

Bean, catjang, dry seed ........... 0.02 

Bean, catjang, succulent 

shelled ................................... 0.04 

Bean, cranberry, dry seed ........ 0.02 

Bean, dry, dry seed .................. 0.02 

Bean, field, dry seed ................ 0.02 

Bean, French, dry seed ............ 0.02 

Bean, French, edible podded ... 0.1 

Bean, garden, dry seed ............ 0.02 

Bean, garden, edible podded ... 0.1 

Bean, goa, dry seed ................. 0.02 

Bean, goa, edible podded ........ 0.1 

Bean, goa, succulent shelled ... 0.04 

Bean, great northern, dry seed 0.02 

Bean, green, dry seed .............. 0.02 

Bean, green, edible podded ..... 0.1 

Bean, guar, dry seed ................ 0.02 

Bean, guar, edible podded ....... 0.1 

Bean, kidney, dry seed ............. 0.02 

Bean, kidney, edible podded .... 0.1 

Bean, lablab, dry seed ............. 0.02 

Bean, lablab, edible podded ..... 0.1 

Bean, lablab, succulent shelled 0.04 

Bean, lima, dry seed ................ 0.02 

Bean, lima, succulent shelled ... 0.04 

Bean, morama, dry seed .......... 0.02 

52082 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (a)(1)— 

Continued 

Commodity Parts per 

million 

Bean, moth, dry seed ............... 0.02 

Bean, moth, edible podded ...... 0.1 

Bean, moth, succulent shelled 0.04 

Bean, mung, dry seed .............. 0.02 

Bean, mung, edible podded ..... 0.1 

Bean, navy, dry seed ............... 0.02 

Bean, navy, edible podded ....... 0.1 

Bean, pink, dry seed ................ 0.02 

Bean, pinto, dry seed ............... 0.02 

Bean, red, dry seed .................. 0.02 

Bean, rice, dry seed ................. 0.02 

Bean, rice, edible podded ........ 0.1 

Bean, scarlet runner, dry seed 0.02 

Bean, scarlet runner, edible 

podded .................................. 0.1 

Bean, scarlet runner, succulent 

shelled ................................... 0.04 

Bean, snap, edible podded ...... 0.1 

Bean, sword, dry seed ............. 0.02 

Bean, sword, edible podded ..... 0.1 

Bean, tepary, dry seed ............. 0.02 

Bean, urd, dry seed .................. 0.02 

Bean, urd, edible podded ......... 0.1 

Bean, wax, edible podded ........ 0.1 

Bean, wax, succulent shelled ... 0.04 

Bean, yardlong, dry seed ......... 0.02 

Bean, yardlong, edible podded 0.1 

Bean, yellow, dry seed ............. 0.02 

Brassica, leafy greens, subgroup 4–16B ......................... 0.01 

Bushberry subgroup 13–07B .... 7.0 

Cabbage ................................... 3.0 

Carrot, roots .............................. 0.70 

Chickpea, dry seed ................... 0.04 

Chickpea, edible podded .......... 0.15 

Chickpea, succulent shelled ..... 0.03 

Cowpea, dry seed .................... 0.02 

Cowpea, edible podded ............ 0.1 

Cowpea, succulent shelled ....... 0.04 

Ginseng .................................... 4.5 

Gram, horse, dry seed ............. 0.02 

Grass pea, dry seed ................. 0.04 

Grass pea, edible podded ........ 0.15 

Jackbean, dry seed .................. 0.02 

Jackbean, edible podded ......... 0.1 

Jackbean, succulent shelled .... 0.04 

Kohlrabi ..................................... 0.01 

Lentil, dry seed ......................... 0.04 

Lentil, edible podded ................ 0.15 

Lentil, succulent shelled ........... 0.03 

Lettuce, head ............................ 0.02 

Lettuce, leaf .............................. 2.0 

Longbean, Chinese, dry seed .. 0.02 

Longbean, Chinese, edible 

podded .................................. 0.1 

Lupin, Andean, dry seed .......... 0.02 

Lupin, Andean, succulent 

shelled ................................... 0.04 

Lupin, blue, dry seed ................ 0.02 

Lupin, blue, succulent shelled .. 0.04 

Lupin, grain, dry seed ............... 0.02 

Lupin, grain, succulent shelled 0.04 

Lupin, sweet white, dry seed .... 0.02 

Lupin, sweet white, succulent 

shelled ................................... 0.04 

Lupin, sweet, dry seed ............. 0.02 

Lupin, sweet, succulent shelled 0.04 

Lupin, white, dry seed .............. 0.02 

Lupin, white, succulent shelled 0.04 

Lupin, yellow, dry seed ............. 0.02 

TABLE 1 TO PARAGRAPH (a)(1)— 

Continued 

Commodity Parts per 

million 

Lupin, yellow, succulent shelled 0.04 

Mayhaw .................................... 2.0 

Onion, bulb, subgroup 3–07A .. 0.20 

Papaya ...................................... 3 

Pea, blackeyed, dry seed ......... 0.02 

Pea, blackeyed, succulent 

shelled ................................... 0.04 

Pea, crowder, dry seed ............ 0.02 

Pea, crowder, succulent shelled 0.04 

Pea, dry, dry seed .................... 0.04 

Pea, dwarf, edible podded ....... 0.15 

Pea, English, succulent shelled 0.03 

Pea, field, dry seed .................. 0.04 

Pea, field, hay ........................... 40 

Pea, field, vines ........................ 6 

Pea, garden, dry seed .............. 0.04 

Pea, garden, succulent shelled 0.03 

Pea, green, dry seed ................ 0.04 

Pea, green, edible podded ....... 0.15 

Pea, green, succulent shelled .. 0.03 

Pea, pigeon, dry seed .............. 0.04 

Pea, pigeon, edible podded ..... 0.15 

Pea, pigeon, succulent shelled 0.03 

Pea, snap, edible podded ........ 0.15 

Pea, snow, edible podded ........ 0.15 

Pea, southern, dry seed ........... 0.02 

Pea, southern, succulent 

shelled ................................... 0.04 

Pea, sugar snap, edible podded ........................................ 0.15 

Pea, winged, dry seed .............. 0.02 

Pea, winged, edible podded ..... 0.1 

Peanut ...................................... 0.02 

Pepper/eggplant subgroup 8– 

10B ........................................ 0.09 

Soybean, hulls .......................... 0.05 

Soybean, seed .......................... 0.01 

Soybean, vegetable, dry seed .. 0.02 

Soybean, vegetable, edible 

podded .................................. 0.1 

Soybean, vegetable, succulent 

shelled ................................... 0.04 

Tea, dried 1 ............................... 6.0 

Tomato subgroup 8–10A .......... 1.5 

Vegetable, brassica, head and 

stem, group 5–16, except 

cabbage ................................ 0.01 

Vegetable, cucurbit, group 9 .... 0.07 

Vegetable, tuberous and corm, 

subgroup 1C ......................... 0.02 

Velvetbean, dry seed ................ 0.02 

Velvetbean, edible podded ....... 0.1 

Velvetbean, succulent shelled .. 0.04 

Yam bean, African, dry seed .... 0.02 

1There is no U.S. registration as of January 

19, 2017. 

* * * * * 

[FR Doc. 2021–20254 Filed 9–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2019–0526; FRL–8962–01– 

OCSPP] 

Spinetoram; Pesticide Tolerances; 

Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of April 7, 2021, 

establishing tolerances for residues of 

the insecticide spinetoram in or on 

multiple commodities requested by the 

Interregional Research Project Number 4 

(IR–4) under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). That 

document inadvertently instructed the 

Federal Register to add a tolerance for 

‘‘vegetable, leafy, except Brassica, group 

4’’ and to remove a tolerance for 

‘‘vegetable, leafy, group 4–16’’. This 

document corrects the final regulation. 

DATES: Effective on September 20, 2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2019–0526, is 

available at http://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 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: