31186 Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Rules and Regulations 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Hazardous substances, Incorporation by 

reference. 

Joseph Goffman, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

For the reasons set out in the 

preamble, 40 CFR part 63 is corrected as 

follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. Section 63.14 is amended by: 

■ a. Redesignating paragraphs (h)(105) 

through (116) as (h)(108) through (119); 

■ b. Redesignating paragraphs (h)(103) 

and (104) as (h)(105) and (106), 

respectively; 

■ c. Redesignating paragraphs (h)(63) 

through (102) as (h)(64) through (103); 

and 

■ d. Adding new paragraphs (h)(63), 

(104), and (107). 

§ 63.14 Incorporations by reference. 

* * * * * 

(h) * * * 

(63) ASTM D4282–15, Standard Test 

Method for Determination of Free 

Cyanide in Water and Wastewater by 

Microdiffusion, Approved July 15, 2015, 

IBR approved for § 63.1103(g). 

* * * * * 

(104) ASTM D6784–16, Standard Test 

Method for Elemental, Oxidized, 

Particle-Bound and Total Mercury in 

Flue Gas Generated from Coal-Fired 

Stationary Sources (Ontario Hydro 

Method), Approved March 1, 2016, IBR 

approved for table 4 to subpart SSSSS. 

* * * * * 

(107) ASTM D7237–18, Standard Test 

Method for Free Cyanide and Aquatic 

Free Cyanide with Flow Injection 

Analysis (FIA) Utilizing Gas Diffusion 

Separation and Amperometric 

Detection, Approved December 1, 2018, 

IBR approved for § 63.1103(g). 

* * * * * 

[FR Doc. 2022–10842 Filed 5–20–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0728; FRL–9622–01– 

OCSPP] 

Fluopicolide; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluopicolide in 

or on multiple commodities which are 

identified and discussed later in this 

document. Valent U.S.A. LLC requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

23, 2022. Objections and requests for 

hearings must be received on or before 

July 22, 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–2020–0728, 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 OPP Docket 

is (202) 566–1744. 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 (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s 

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

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(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–2020–0728 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 July 

22, 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– 

2020–0728, 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/ 


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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 June 1, 2021 

(86 FR 29229) (FRL–10023–95), 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 0F8838) by Valent U.S.A. 

LLC, 1600 Riviera Avenue, Suite 200 

Walnut Creek, CA 94596 U.S.A. The 

petition requested that 40 CFR part 180 

be amended by establishing tolerances 

for indirect or inadvertent residues of 

the fungicide Fluopicolide, 2,6- 

dichloro-N-[[3-chloro-5- 

(trifluoromethyl)-2-pyridyl]methyl]- 

benzamide, in or on Cereal grains (crop 

group 15), aspirated grain fractions at 

0.07 parts per million (ppm); Cereal 

grains (crop group 15), grain at 0.02 

ppm; Cereal grains (crop group 15), 

milled byproducts at 0.07 ppm; Cotton 

gin byproducts at 0.20 ppm; Foliage of 

legume vegetables (crop group 7), forage 

at 0.15 ppm; Foliage of legume 

vegetables (crop group 7), hay, straw, 

and vines at 0.20 ppm; Forage, fodder 

and straw of cereal grains (crop group 

16) at 0.50 ppm; Grass forage, fodder, 

and hay (crop group 17) at 0.50 ppm; 

Legume vegetables (crop group 6), seed, 

pea, bean (succulent or dried, except 

listed beans) at 0.03 ppm; Nongrass 

animal feeds (crop group 18), forage, 

fodder, straw and hay at 0.50 ppm; 

Oilseeds (crop group 20), seed at 0.04 

ppm; Oilseeds (crop group 20), refined 

oil at 0.10 ppm; Peanut nutmeat at 0.04 

ppm; Peanut hay at 0.60 ppm; Peanut, 

refined oil at 0.10 ppm; and Soybean, 

refined oil at 0.08 ppm. That document 

referenced a summary of the petition 

prepared by Valent U.S.A. LLC, the 

registrant, which is available in the 

docket, EPA–HQ–OPP–2020–0728, 

https://www.regulations.gov. There were 

no comments received in response to 

the notice of filing. 

Based upon review of the data 

supporting the petition, EPA has revised 

commodity definitions and is 

establishing several tolerances at 

different levels than petitioned-for. 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 

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 fluopicolide 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with fluopicolide follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections of the 

rule that would repeat what has been 

previously published in tolerance 

rulemakings for the same pesticide 

chemical. Where scientific information 

concerning a particular pesticide 

chemical remains unchanged, the 

content of those sections would not vary 

between tolerance rulemakings, and 

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 

fluopicolide, in which EPA concluded, 

based on the available information, that 

there is a reasonable certainty that no 

harm would result from aggregate 

exposure to fluopicolide 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 

fluopicolide and one of its metabolites, 

2,6-dichlorobenzamide (BAM), see Unit 

III.A. of the previous tolerance 

rulemaking for fluopicolide published 

in the Federal Register of March 7, 2018 

(83 FR 9703) (FRL–9973–44). Since the 

March 7, 2018, rulemaking, an 

additional oral toxicity study that 

included evaluation of the olfactory 

system was submitted for BAM, and the 

results have been incorporated into the 

current risk assessment. Toxicity to the 

olfactory sensory neurons was observed 

following a single intraperitoneal 

exposure of mice to BAM, as were 

clinical signs of toxicity (slightly 

decreased muscle tone, slight loss of 

pinnae reflexes) following oral exposure 

in several short-term assays. In the 

newly submitted oral toxicity study in 

rats, ataxia was observed in males; 

however, there were no effects on the 

olfactory system. 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for both fluopicolide 

and BAM used for the risk assessment, 

see Unit III.B. of the March 7, 2018, 

rulemaking. The only change is for 

BAM, where the current risk assessment 

reports the no-observed adverse-effect 

concentration (NOAEC) as 12.1 mg/m3

for Inhalation Short- and IntermediateTerm (1–30 days and 1–6 months). The 

previous rulemaking reported this point 

of departure as a no-observed adverseeffect level (NOAEL) rather than a 

NOAEC, but the value remains the 

same. 

Exposure assessment. Much of the 

exposure assessment remains the same, 

although the dietary exposure and risk 

assessments for fluopicolide and BAM 

were updated to account for exposures 

from the petitioned-for tolerances. 

These updates are discussed in this 

section; for a description of the rest of 

EPA’s approach to and assumptions for 

the exposure assessment, including with 

respect to drinking water, nonoccupational, and cumulative 

exposures, see Unit III.C. of the March 

7, 2018, rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposures for the new 

tolerances for indirect or inadvertent 

residues of fluopicolide in the 

commodities identified in this action 

that are necessary to support revised 

rotational crop restrictions. There are no 

new use sites proposed. In addition, the 

dietary exposure assessments were 

revised to reflect the updated Dietary 

Exposure Evaluation Model that 

incorporates the What We Eat in 


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America (WWEIA) consumption data 

from 2005–2010. 

Fluopicolide acute dietary exposure 

and risk assessments are not required 

because an endpoint attributable to a 

single dose has not been identified. This 

is the same as in the 2018 rulemaking. 

Fluopicolide chronic dietary exposure 

used the same assumptions as the 2018 

rulemaking concerning tolerance level 

residues or maximum field trial 

residues, 100 percent crop treated 

(PCT), default processing factors, and 

modeled drinking water estimates. 

For BAM, the acute and chronic 

dietary exposure assessments assumed 

the maximum BAM residues from field 

trial data for either fluopicolide or 

dichlobenil (another active ingredient 

for which BAM is a metabolite), which 

is the same as in the 2018 rulemaking. 

The current acute and chronic dietary 

assessments were updated to assume 

100 PCT, default processing factors, and 

high-end estimates of fluopicolide in 

drinking water. 

Cancer. Fluopicolide has been 

classified as ‘‘not likely to be 

carcinogenic to humans.’’ 

Therefore, a cancer dietary exposure 

assessment was not conducted for the 

parent fluopicolide. Additionally, EPA 

has determined BAM’s potential for 

carcinogenicity is similar to that of 

dichlobenil, which is classified as 

‘‘group C, possible human carcinogen.’’ 

Quantification of cancer risk is based on 

the reference dose (RfD) approach 

which requires comparison of the 

chronic exposure to the RfD. Using this 

methodology will adequately account 

for all chronic toxic effects, including 

carcinogenicity, likely to result from 

exposure to BAM. Hence, a separate 

cancer exposure assessment to BAM 

was not conducted. 

Anticipated residue information. 

Section 408(b)(2)(E) of FFDCA 

authorizes EPA to use available data and 

information on the anticipated residue 

levels of pesticides in or on food and the 

actual residue levels of pesticides 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 residue 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. 

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 to 1X for 

fluopicolide. For BAM, EPA continues 

to retain the FQPA safety factor of 10X 

for the acute dietary exposure scenario 

for the general population to account for 

the use of a lowest-observed-adverseeffect-level (LOAEL) to extrapolate to a 

NOAEL. For all other exposure 

scenarios, EPA continues to conclude 

that there are reliable data to support 

the reduction of the FQPA safety factor 

to 1X. See Unit III.D. of the March 7, 

2018, rulemaking for a discussion of the 

Agency’s rationale for these 

determinations. 

Aggregate risks and determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing dietary exposure 

estimates to the acute populationadjusted dose (aPAD) and the chronic 

population-adjusted dose (cPAD). 

Short-, intermediate-, and chronic-term 

risks are evaluated by comparing the 

estimated aggregate food, water, and 

residential exposure to the appropriate 

points of departure to ensure that an 

adequate margin of exposure (MOE) 

exists. For linear cancer risks, EPA 

calculates the lifetime probability of 

acquiring cancer given the estimated 

aggregate exposure. 

An acute aggregate risk assessment 

takes into account acute exposure 

estimates from dietary consumption of 

food and drinking water. There were no 

endpoints attributable to a single dose 

identified in the hazard database and an 

acute dietary endpoint was not selected 

for fluopicolide. Therefore, fluopicolide 

is not expected to pose an acute risk. 

For BAM, acute dietary risks are 

below the Agency’s level of concern of 

100% of the aPAD; they are 45% of the 

aPAD for infants less than 1 year old, 

which is the population subgroup with 

the highest exposure estimate. The acute 

aggregate risk estimates for BAM are 

equal to acute dietary (food and 

drinking water) risk estimates and 

therefore are not of concern. For 

fluopicolide, chronic dietary risks are 

below the Agency’s level of concern of 

100% of the cPAD; they are 15% of the 

cPAD for children 1–2 years old, which 

is the population subgroup with the 

highest exposure estimate. 

For BAM, the chronic dietary risks are 

also below the Agency’s level of 

concern; they are 40% of the cPAD for 

infants less than 1 year old, which is the 

population subgroup with the highest 

exposure estimate. As stated in the 

March 7, 2018, rulemaking, chronic 

residential exposure to residues of 

fluopicolide or BAM is not expected, so 

chronic aggregate risks are equal to 

chronic dietary risks and are not of 

concern. 

Short-term aggregate risk estimates are 

equal to the most conservative 

residential exposure estimates plus 

chronic dietary exposure estimates 

(considered to be background dietary 

exposure). For adults and children 6 to 

<11 years old, the post-application 

dermal exposures from gardens treated 

with fluopicolide represent the most 

conservative residential exposure 

estimate. For children 1–2 years old, the 

most conservative residential exposure 

estimate is combined dermal and 

incidental oral exposure through high 

contact lawn activity. EPA has 

concluded the short-term aggregate 

MOEs are 500, 670, and 480 for adults, 

children 6 to <11 and children 1–2 years 

old, respectively, which are above the 

level of concern of 100 and therefore are 

not of concern. For BAM, dermal and 

inhalation exposures may not be 

combined with oral exposures due to 

different toxicological effects used as 

the basis of the selected endpoints. As 

a result, the aggregate risk estimates are 

equivalent to the dietary risk estimates 

and are not of concern. 

Due to the absence of treatmentrelated tumors in two adequate rodent 

carcinogenicity studies, fluopicolide is 

classified as ‘‘not likely to be 

carcinogenic to humans’’; therefore, a 

quantitative cancer assessment is not 

required. 

EPA has assumed BAM’s potential for 

carcinogenicity is similar to that of 

dichlobenil, which is classified as 

‘‘group C, possible human carcinogen.’’ 

Quantification of cancer risk is based on 

the RfD approach which requires 

comparison of the chronic exposure to 

the RfD. Therefore, the chronic 

aggregate risk estimates, which do not 

trigger concerns based on exposures 

associated with the registered uses, are 

considered protective of both noncancer and cancer effects. 

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 fluopicolide residues, 

including its metabolite. More detailed 

information on this action to establish 

indirect or inadvertent tolerances in or 

on multiple commodities can be found 

in the document entitled, ‘‘Fluopicolide. 

Human Health Risk Assessment to 

Support a Petition to Establish 

Tolerances for Indirect or Inadvertent 

Residues in/on Legume Vegetables, 

Cereal Grains, Grasses, Nongrass Animal 

Feeds, Oilseeds, and Peanuts’’ at https:// 


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www.regulations.gov, under docket ID 

number EPA–HQ–OPP–2020–0728. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For the analytical enforcement 

methodology for fluopicolide and BAM, 

see Unit IV.A. of the March 7, 2018, 

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). 

EPA may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. The Codex has 

established MRLs for fluopicolide in or 

on straw and fodder (dry) of cereal 

grains at 0.2 ppm, which is the only 

Codex MRL for the commodities 

covered by this rulemaking. This MRL 

is different than the U.S. tolerance at 0.5 

ppm that is being established for 

residues of fluopicolide in/on grain, 

cereal, forage, fodder, and straw, group 

16. EPA cannot harmonize the U.S. 

tolerance for group 16 with the 

corresponding Codex MRL because it 

could put U.S. growers at risk of 

violative residues despite legal use of 

fluopicolide. 

C. Revisions to Petitioned-For 

Tolerances 

EPA is not establishing the petitionedfor tolerances on Oilseeds (crop group 

20), refined oil at 0.10 ppm or Peanut, 

refined oil at 0.10 ppm because the 

Agency is establishing tolerances for the 

respective raw agricultural 

commodities, Oilseed group 20 at 0.03 

ppm, and Peanut at 0.03 ppm, which are 

adequate to cover the refined oils. 

EPA is establishing the tolerance level 

for Soybean, refined oil at 0.03 ppm, 

which is the level calculated by 

multiplying average residue by the 

processing factor. This tolerance level is 

lower than the petitioned-for tolerance 

level of 0.08 ppm. The petitioner did 

not provide a rationale for the 

petitioned-for tolerance level, so the 

reason for this difference is unclear. 

Additionally, EPA is revising many of 

the commodity definitions for 

consistency with the Agency’s preferred 

terminology for tolerances. EPA is also 

establishing several tolerances at 

different levels than petitioned-for to be 

consistent with Organization for 

Economic Cooperation and 

Development (OECD) rounding class 

practice. Specifically, EPA is: 

• Revising ‘‘Nongrass animal feeds 

(crop group 18), forage, fodder, straw 

and hay’’ to ‘‘Animal feed, nongrass, 

group 18’’ and establishing the tolerance 

level at 0.5 ppm instead of the 

petitioned-for 0.50 ppm; 

• Revising ‘‘Cereal grains (crop group 

15), aspirated grain fractions’’ to ‘‘Grain, 

aspirated fractions’’ and establishing the 

tolerance level at 0.07 ppm; 

• Revising ‘‘Cereal grains (crop group 

15), grain’’ to ‘‘Grain, cereal, group 15’’ 

and establishing the tolerance level at 

0.02 ppm; 

• Revising ‘‘Cereal grains (crop Group 

15), milled byproducts’’ to ‘‘Grain, 

cereal, group 15, milled byproducts’’ 

and establishing the tolerance level at 

0.07 ppm; 

• Establishing the tolerance level for 

‘‘Cotton, gin byproducts’’ at 0.2 ppm 

instead of the petitioned-for 0.20 ppm; 

• Revising ‘‘Forage, fodder and straw 

of cereal grains (crop group 16)’’ to 

‘‘Grain, cereal, forage, fodder, and straw, 

group 16’’ and establishing the tolerance 

level at 0.5 ppm instead of the 

petitioned-for 0.50 ppm; 

• Revising ‘‘Grass forage, fodder, and 

hay (crop group 17)’’ to ‘‘Grass forage, 

fodder and hay, group 17’’ and 

establishing the tolerance level at 0.5 

ppm instead of the petitioned-for 0.50 

ppm; 

• Revising ‘‘Oilseeds (crop group 20), 

seed’’ to ‘‘Oilseed group 20’’ and 

establishing the tolerance level at 0.03 

ppm instead of the petitioned-for 0.04 

ppm; 

• Revising ‘‘Peanut nutmeat’’ to 

‘‘Peanut’’ and establishing the tolerance 

level at 0.03 ppm instead of the 

petitioned-for 0.04 ppm; 

• Establishing the tolerance level for 

‘‘Peanut, hay’’ at 0.7 ppm instead of the 

petitioned-for 0.60 ppm; 

• Revising the petitioned-for 

tolerances for ‘‘Foliage of legume 

vegetables (crop group 7), forage’’ at 

0.15 ppm and ‘‘Foliage of legume 

vegetables (crop group 7), hay, straw, 

and vines’’ at 0.20 ppm to ‘‘Vegetable, 

foliage of legume, group 7’’ at 0.2 ppm; 

and 

• Revising ‘‘Legume vegetables (crop 

group 6), seed, pea, bean (succulent or 

dried, except listed beans)’’ to 

‘‘Vegetable, legume, group 6’’ and 

establishing the tolerance level at 0.02 

ppm instead of the petitioned-for 0.03 

ppm. 

• In addition, EPA is removing the 

existing tolerances for indirect or 

inadvertent residues in 40 CFR 

180.627(d) because these commodities 

are included in the groups 15 and 16 

tolerances that the Agency is 

establishing in this action. For example, 

the commodities ‘‘corn, field, grain’’ 

(with an existing tolerance level of 0.01 

ppm) and ‘‘wheat, grain’’ (with an 

existing tolerance level of 0.02 ppm) are 

included in the new tolerance for 

indirect or inadvertent residues in 

‘‘grain, cereal, group 15’’ at 0.02 ppm. 

The new tolerances are equal to or 

higher than the existing tolerances and 

are therefore adequate to cover indirect 

or inadvertent residues on these 

commodities. 

V. Conclusion 

Therefore, tolerances are established 

for indirect or inadvertent residues of 

Fluopicolide, [2,6-dichloro-N-[[3-chloro5-(trifluoromethyl)-2- 

pyridinyl]methyl]benzamide], including 

its metabolites and degradates, in or on 

Animal feed, nongrass, group 18 at 0.5 

ppm; Cotton, gin byproducts at 0.2 ppm; 

Grain, aspirated fractions at 0.07 ppm; 

Grain, cereal, group 15 at 0.02 ppm; 

Grain, cereal, group 15, milled 

byproducts at 0.07 ppm; Grain, cereal, 

forage, fodder, and straw, group 16 at 

0.5 ppm; Grass, forage, fodder and hay, 

group 17 at 0.5 ppm; Oilseed group 20 

at 0.03 ppm; Peanut at 0.03 ppm; 

Peanut, hay at 0.7 ppm; Soybean, 

refined oil at 0.03 ppm; Vegetable, 

foliage of legume, group 7 at 0.2 ppm; 

and Vegetable, legume, group 6 at 0.02 

ppm. 

Upon establishment of the 

aforementioned tolerances, the 

established tolerances for indirect or 

inadvertent residues of fluopicolide in 

40 CFR 180.627(d) will be removed, as 

they are superseded by the new 

tolerances. 

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 


lotter on DSK11XQN23PROD with RULES1
31190 Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Rules and Regulations 

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: May 17, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, 40 CFR chapter I is amended 

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 § 180.627 amend paragraph (d) 

by designating the table as table 1 and 

revising newly designated table 1 to 

read as follows: 

§ 180.627 Fluopicolide; tolerances for 

residues. 

* * * * * 

(d) * * * 

TABLE 1 TO PARAGRAPH (d) 

Commodity Parts per 

million 

Animal feed, nongrass, group 18 0.5 

Cotton, gin byproducts ............... 0.2 

Grain, aspirated fractions ........... 0.07 

Grain, cereal, group 15 .............. 0.02 

Grain, cereal, group 15, milled 

byproducts ............................... 0.07 

Grain, cereal, forage, fodder, 

and straw, group 16 ................ 0.5 

Grass, forage, fodder and hay, 

group 17 .................................. 0.5 

Oilseed group 20 ........................ 0.03 

Peanut ........................................ 0.03 

Peanut, hay ................................ 0.7 

Soybean, refined oil .................... 0.03 

Vegetable, foliage of legume, 

group 7 .................................... 0.2 

Vegetable, legume, group 6 ....... 0.02 

[FR Doc. 2022–10868 Filed 5–20–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 1710319998630–02; RTID 0648– 

XB997] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; 2022 Red Snapper 

Commercial and Recreational Fishing 

Seasons 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; 2022 fishing 

seasons notice. 

SUMMARY: NMFS announces the limited 

opening of commercial and recreational 

red snapper in the exclusive economic 

zone (EEZ) of the South Atlantic for the 

2022 fishing year. This notice 

announces the 2022 red snapper 

commercial season opening date and the 

opening and closing dates for the red 

snapper recreational season, according 

to the accountability measures (AMs). 

This season announcement for South 

Atlantic red snapper allows fishers to 

maximize their opportunity to harvest 

the commercial and recreational annual 

catch limits (ACLs) while also managing 

harvest to protect the red snapper 

resource. 

DATES: The 2022 commercial red 

snapper season opens at 12:01 a.m., 

local time, July 11, 2022, until 12:01 

a.m., local time, January 1, 2023, unless 

changed by subsequent notification in 

the Federal Register. The 2022 

recreational red snapper season opens at 

12:01 a.m., local time, on July 8, 2022, 

and closes at 12:01 a.m., local time, on 

July 10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery 

includes red snapper and is managed 

under the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP). The South 

Atlantic Fishery Management Council 

(Council) prepared the FMP, and the 

FMP is implemented by NMFS under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

For South Atlantic red snapper, the 

commercial AM requires the sector to 


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