Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 30425 

TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS

County citation Title/subject 

County 

effective 

date 

EPA approval date Additional explanation 

*******

Section 2 .......... Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in the 

State Implementation Plan.

1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. 

*******

Section 33 ........ Chlorine in Chemical Processes ..... 1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. See also clarification at 69 FR 54006 (9/7/04). 

Section 41 ........ Fugitive Dust ................................... 1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. 

*******

Section 53 ........ Oxygenated Gasoline Program ....... 1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. 

*******

Section 90 ........ Fugitive Dust from Open Areas and 

Vacant Lots.

1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. 

*******

Section 93 ........ Fugitive Dust from Paved Roads & 

Street Sweeping Equipment.

1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. 

Section 94 ........ Permitting & Dust Control for Construction Activities.1/21/20 [INSERT Federal Register CITATION], 5/19/22.Submitted on March 16, 2020 as 

an attachment to a letter dated 

March 13, 2020. 

*******

* * * * * 

[FR Doc. 2022–10550 Filed 5–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0013; FRL–9738–01– 

OCSPP] 

Flonicamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of the insecticide 

flonicamid, including its metabolites 

and degradates, in or on small fruit vine 

climbing (except fuzzy kiwifruit), 

subgroup 13–07F at 3 parts per million 

(ppm). In addition, this regulation 

amends the existing tolerance for 

residues of flonicamid, including its 

metabolites and degradates, in or on 

alfalfa, hay, by increasing the current 

tolerance from 1.0 ppm to 7 ppm. ISK 

Biosciences Corporation requested 

tolerances for these commodities under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective May 

19, 2022. Objections and requests for 

hearings must be received on or before 

July 18, 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–2016–0013, 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. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. 

Due to the public health concerns 

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, Acting Director, 

Registration Division (7505T), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

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 


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30426 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

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–2016–0013 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 

18, 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– 

2016–0013, 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. 

• 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 28, 

2021 (86 FR 33926) (FRL–10025–08), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 0F8884) by ISK 

Biosciences Corporation, 7470 Auburn 

Road, Suite A, Concord, OH 44077. The 

petition requests to establish a tolerance 

in 40 CFR part 180 for residues of the 

insecticide flonicamid, including its 

metabolites and degradates, determined 

by measuring the sum of flonicamid (N- 

(cyanomethyl)-4-(trifluoromethyl)-3- 

pyridinecarboxamide) and its 

metabolites, TFNA (4- 

trifluoromethylnicotinic acid), TFNA– 

AM (4-trifluoromethylnicotinamide), 

and TFNG (N-(4- 

trifluoromethylnicotinoyl)glycine), 

calculated as the stoichiometric 

equivalent of flonicamid, in or on small 

fruit vine climbing (except fuzzy 

kiwifruit), subgroup 13–07F at 3.0 parts 

per million (ppm). In addition, this 

regulation amends the existing tolerance 

for residues of the insecticide 

flonicamid in or on alfalfa, hay, by 

increasing the current tolerance from 1.0 

ppm to 7.0 ppm. That document 

referenced a summary of the petition 

prepared by ISK Biosciences 

Corporation, the registrant, which is 

available in docket ID number EPA– 

HQ–OPP–2016–0013, https://

www.regulations.gov. No public 

comments were received in response to 

the notice of filing. 

Based upon review of the data 

supporting the petition and in 

accordance with its authority under 

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

establishing tolerances that vary from 

what the petitioners sought. The reasons 

for these changes are explained in full 

detail in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of the 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 the 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 the 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 the insecticide 

flonicamid in or on small fruit vine 

climbing (except fuzzy kiwifruit), 

subgroup 13–07F and the increased 

tolerance on alfalfa, hay. 

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 

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 several 

tolerance rulemakings for flonicamid, in 

which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to 

flonicamid and established tolerances 

for residues of that chemical. In 

December 2020, EPA also finalized the 

‘‘Flonicamid Interim Registration 

Decision’’ (go to https://

www.regulations.gov/ and search for 

docket ID number EPA–HQ–OPP–2014– 

0777). EPA is incorporating previously 

published sections from those 

rulemakings and any updates to the 

toxicological data base for flonicamid 

provided as part of the Flonicamid 

Interim Registration Decision in this 

tolerance rulemaking. 

Toxicological profile. For a discussion 

of the Toxicological Profile for 

flonicamid used for human risk 

assessment, see the Flonicamid Interim 

Registration Decision by going to docket 


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ID number EPA–HQ–OPP–2014–0777 at 

https://www.regulations.gov. 

Toxicological points of departure/ 

Levels of concern. EPA has reevaluated 

the toxicological database for the 

Flonicamid Interim Registration 

Decision. The table of the Toxicological 

points of departure/Levels of concern 

for flonicamid in the risk assessment 

included an endpoint for incidental oral 

exposures. However, the Agency has 

made the assumption in the current risk 

assessment that the new use of 

flonicamid and the increased tolerance 

on alfalfa, hay were not likely to result 

in incidental oral exposures, as young 

children are not expected in the areas 

where applications occur. An additional 

difference in the current risk assessment 

is that the inhalation point of departure 

was based on an oral study. Since no 

inhalation data are available, toxicity by 

the inhalation route of exposure is 

considered to be equivalent to the 

estimated toxicity by the oral route of 

exposure. For a full summary of the 

Toxicological points of departure/Levels 

of concern for flonicamid used for 

human risk assessment, see 

‘‘Flonicamid: Human Health Draft Risk 

Assessment for Registration Review’’ by 

going to docket ID number EPA–HQ– 

OPP–2014–0777 at https://

www.regulations.gov. 

Exposure assessment. EPA’s dietary 

exposure assessments have been 

updated to include the additional 

exposure from the new use of 

flonicamid and the increased tolerance 

on alfalfa, hay. The assessment used the 

same assumptions as the July 23, 2018 

rulemaking final rule concerning 

tolerance-level residues, default 

processing factors for all processed 

commodities, and 100 percent crop 

treated, see Unit III.C. of the July 23, 

2018 rulemaking (83 FR 34775) (FRL– 

9977–82). For a more detailed 

description related to these updates, see 

‘‘Flonicamid: Establishment of 

Permanent Tolerances in/on Small 

Vine-Climbing Fruit, except Fuzzy 

Kiwifruit (Subgroup 13–07F) and an 

Increased Tolerance on Alfalfa. 

Summary of Analytical Chemistry and 

Residue Data’’ by going to docket ID 

number EPA–HQ–OPP–2016–0013 at 

https://www.regulations.gov. 

Drinking water exposure. The new use 

of flonicamid in or on small fruit vine 

climbing (except fuzzy kiwifruit), 

subgroup 13–07F and increased residue 

levels for alfalfa, hay do not result in an 

increase in the estimated residue levels 

in drinking water, so EPA used the same 

estimated drinking water concentrations 

(EDWCs) in the chronic dietary 

assessment as identified in the July 23, 

2018, rulemaking and in the Flonicamid 

Interim Registration Decision. 

Non-Occupational exposure. 

Residential handler and postapplication exposures are not expected 

from the new use of flonicamid and the 

increased tolerance on alfalfa, hay. 

However, there are pending uses on 

roses, flowers, shrubs, and small (nonfruit bearing) trees that would result in 

residential handler as well as postapplication exposures that were recently 

assessed. All registered flonicamid 

product labels with residential use sites 

require that handlers wear specific 

clothing (e.g., long-sleeved shirt/long 

pants) and/or use personal protective 

equipment (PPE). Therefore, the Agency 

has made the assumption that these 

products are not for homeowner use and 

has not conducted a quantitative 

residential handler assessment. A 

quantitative residential post-application 

assessment was also not conducted as 

incidental oral exposures are not 

anticipated and there is no dermal 

exposure endpoint. Therefore, no 

residential exposures are applicable for 

the aggregate risk assessment. 

Cumulative exposures. Section 

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

when considering whether to establish, 

modify, or revoke a tolerance, the 

Agency consider ‘‘available 

information’’ concerning the cumulative 

effects of a particular pesticide’s 

residues and ‘‘other substances that 

have a common mechanism of toxicity.’’ 

EPA’s assessment of cumulative 

exposures has not changed since the 

July 23, 2018, rulemaking (83 FR 34775) 

(FRL–9977–82). 

Safety factor for infants and children. 

The scientific information underpinning 

EPA’s prior safety factor determination 

remains unchanged from the July 23, 

2018, rulemaking (83 FR 34775) (FRL– 

9977–82). Therefore, EPA continues to 

conclude that there is reliable data to 

support the reduction of the Food 

Quality Protection Act (FQPA) safety 

factor for flonicamid. See Unit III.D. of 

the July 23, 2018, rulemaking (83 FR 

34775) (FRL–9977–82) for a discussion 

of the Agency’s rationale for that 

determination. 

C. Aggregate Risks and Determination of 

Safety 

EPA determines whether acute and 

chronic dietary pesticide exposures are 

safe by comparing dietary exposure 

estimates to the acute population 

adjusted dose (aPAD) and the 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 risk. An acute aggregate dietary 

risk assessment takes into account acute 

exposure estimates from dietary 

consumption of food and drinking 

water. No adverse effect resulting from 

a single oral dose was identified and no 

acute dietary endpoint was selected. 

Therefore, flonicamid is not expected to 

pose an acute risk. 

Short-term and Intermediate-term 

risk. Short- and intermediate-term 

aggregate exposures take into account 

short- and intermediate-term residential 

exposures plus chronic exposure to food 

and water (considered to be a 

background exposure level). Flonicamid 

is not registered for any use patterns 

that would result in short- and 

intermediate-term residential exposures. 

The estimated aggregate MOE for adult 

handlers is 1,100 (LOC=100) and is not 

of concern. Risk estimates for children 

are expected to be equivalent to the 

dietary exposure and risk assessment. 

Chronic risk. Chronic dietary (food + 

water) risk to flonicamid was below the 

EPA’s LOC (<100% cPAD) for the 

general U.S. population. The chronic 

dietary (food + drinking water) exposure 

were estimated at 29% of the cPAD for 

the general U.S. population and 91% 

cPAD for children 1 to 2 years old (the 

most highly exposed population 

subgroup) and are below EPA’s LOC 

(<100% cPAD). 

Aggregate cancer risk for U.S. 

population. Flonicamid has been 

determined to have suggestive evidence 

of carcinogenicity, but not sufficient to 

assess human carcinogenic potential. 

The Agency has determined that 

quantification of risk using a non-linear 

approach (i.e., using a chronic reference 

dose) adequately accounts for all 

chronic toxicity, including 

carcinogenicity that could result from 

exposure to flonicamid. Therefore, the 

chronic reference dose is considered 

protective for carcinogenic effects. As a 

result, a separate cancer risk assessment 

was not conducted, and the chronic 

dietary exposure is considered 

protective of any cancer dietary risks. 

Based on the risk assessments and 

information described above, EPA 

concludes there is a reasonable certainty 

that no harm will result to the general 

U.S. population, or to infants and 

children, from aggregate exposure to 

flonicamid residues. More detailed 

information on the subject action to 

establish tolerances in or on small fruit, 

vine climbing (except fuzzy kiwifruit), 

subgroup 13–07F and to increase the 


jspears on DSK121TN23PROD with RULES1
30428 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 

existing tolerance in or on alfalfa, hay 

can be seen in the documents 

‘‘Flonicamid: Petition for the 

Establishment of Permanent Tolerances 

in/on Small Vine-Climbing Fruit, except 

Fuzzy Kiwifruit (Subgroup 13–07F) and 

a Tolerance Increase on Alfalfa. 

Summary of Analytical Chemistry and 

Residue Data and Flonicamid (128016); 

Chronic Aggregate Dietary (Food and 

Drinking Water) Exposure and Risk 

Assessment for the Petition for the 

Establishment of Permanent Tolerances 

in/on Small Vine-climbing Fruit, except 

Fuzzy Kiwifruit (Subgroup 13–07F) and 

a Tolerance Increase on Alfalfa’’ by 

going to docket ID number EPA–HQ– 

OPP–2016–0013 at https://

www.regulations.gov. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Analytical methodology has been 

developed to determine the residues of 

flonicamid and its three major plant 

metabolites, TFNA, TFNG, and TFNA– 

AM in various crops. The residue 

analytical method for the majority of 

crops includes an initial extraction with 

acetonitrile (ACN)/deionized (DI) water, 

followed by a liquid-liquid partition 

with ethyl acetate. The residue method 

for wheat straw is similar, except that a 

C18 solid phase extraction (SPE) is 

added prior to the liquid-liquid 

partition. The final sample solution is 

quantitated using a liquid 

chromatograph (LC) equipped with a 

reverse phase column and a triple 

quadruple mass spectrometer (MS/MS). 

The method may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Road, Ft. Meade, MD 20755– 

5350; telephone number: (410) 305– 

2905; email address: residuemethods@

epa.gov. 

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 tolerance expression for plant 

and livestock commodities are 

harmonized between the U.S. and 

Canada, but not Codex. There are no 

Codex MRLs established on small fruit 

vine climbing (except fuzzy kiwifruit), 

subgroup 13–07F or alfalfa. Thus, 

harmonization is not an issue with 

Codex. There are no Canada MRLs 

established on small fruit vine climbing 

(except fuzzy kiwifruit), subgroup 13– 

07F. Canada has a default MRL of 0.1 

ppm established in/on alfalfa. 

Therefore, tolerances/MRLs are not 

harmonized between the U.S. and 

Canada for alfalfa. 

C. Revisions to Petitioned-For 

Tolerances 

The petitioned-for tolerances for small 

fruit vine climbing (except fuzzy 

kiwifruit), subgroup 13–07F are 

different from those being established 

by EPA. These differences are 

attributable to the petitioned-for levels 

not being consistent with Organization 

for Economic Cooperation and 

Development (OECD) rounding class 

practice. 

V. Conclusion 

A tolerance is therefore established 

for residues of the insecticide 

flonicamid, including its metabolites 

and degradates, in or on small fruit vine 

climbing (except fuzzy kiwifruit), 

subgroup 13–07F at 3 ppm. In addition, 

this tolerance rulemaking amends the 

existing tolerance for residues of the 

insecticide flonicamid in or on alfalfa, 

hay at 7 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 

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 16, 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: 


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Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 30429 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.613(a)(1) is amended in 

the table by: 

■ a. Adding a table heading; 

■ b. Revising the entry for ‘‘Alfalfa, 

hay’’; and 

■ c. Adding the commodity ‘‘Small fruit 

vine climbing (except fuzzy kiwifruit), 

subgroup 13–07F’’ in alphabetical order. 

The additions and revision read as 

follows: 

§ 180.613 Flonicamid; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

* * * * * 

Alfalfa, hay .................................. 7 

* * * * * 

Small fruit vine climbing (except 

fuzzy kiwifruit), subgroup 13– 

07F .......................................... 3 

* * * * * 

* * * * * 

[FR Doc. 2022–10785 Filed 5–18–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–78; RM–11918; DA 22– 

516; FR ID 87343] 

Television Broadcasting Services 

Wichita, Kansas 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On February 23, 2022, the 

Media Bureau, Video Division (Bureau) 

issued a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by Gray Television 

Licensee, LLC (Petitioner), the licensee 

of KSCW–DT (Station), channel 12, 

Wichita, Kansas, requesting the 

substitution of channel 28 for channel 

12 at Wichita in the Table of 

Allotments. For the reasons set forth in 

the Report and Order referenced below, 

the Bureau amends Federal 

Communications Commission (FCC or 

Commission) regulations to substitute 

channel 28 for channel 12 at Wichita. 

DATES: Effective May 19, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 87 FR 

12641 on March 7, 2022. The Petitioner 

filed comments in support of the 

petition reaffirming its commitment to 

apply for channel 28. No other 

comments were filed. 

According to the Petitioner, the 

channel change will resolve significant 

over-the-air reception problems in the 

Station’s existing service area. The 

Petitioner further states that the 

Commission has recognized the 

deleterious effects manmade noise has 

on the reception of digital very high 

frequency (VHF) signals, and that the 

propagation characteristics of these 

channels allow undesired signals and 

noise to be receivable at relatively 

farther distances compared to ultra high 

frequency (UHF) channels and nearby 

electrical devices can cause 

interference. Although the proposed 

channel 28 noise limited contour will 

fall slightly short of the licensed 

channel 12 noise limited contour, a 

terrain-limited analysis using the 

Commission’s TVStudy software 

demonstrates that there is no predicted 

loss in population served. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 22–78; RM–11918; DA 22– 

516, adopted May 11, 2022, and 

released May 11, 2022. The full text of 

this document is available for download 

at https://www.fcc.gov/edocs. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

the Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

Allotments under Kansas by revising the 

entry for Wichita to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

KANSAS 

* * * * * 

Wichita .................................... 10, 15, 26, 

28. 

* * * * * 

[FR Doc. 2022–10719 Filed 5–18–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–112; RM–11919; DA 22– 

524; FR ID 87344] 

Television Broadcasting Services 

Weston, West Virginia 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: On March 9, 2022, the Media 

Bureau, Video Division (Bureau) issued 

a Notice of Proposed Rulemaking 

(NPRM) in response to a petition for 

rulemaking filed by Gray Television 

Licensee, LLC (Petitioner), the licensee 

of WDTV (Station), channel 5, Weston, 


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