Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules and Regulations 19145

your search to documents published by FOR FURTHER INFORMATION CONTACT: Information not marked confidential the Department. Marietta Echeverria, Registration pursuant to 40 CFR part 2 may be Division (7505P), Office of Pesticide disclosed publicly by EPA without prior David Cantrell, Programs, Environmental Protection notice. Submit the non-CBI copy of your Deputy Director, Office of Special Education Agency, 1200 Pennsylvania Ave. NW, objection or hearing request, identified Programs. Delegated the authority to perform the functions and duties of the Assistant Washington, DC 20460–0001; main by docket ID number EPA–HQ–OPP– Secretary for the Office of Special Education telephone number: (703) 305–7090; 2019–0639, by one of the following and Rehabilitative Services. email address: [email protected]. methods: • [FR Doc. 2021–07524 Filed 4–9–21; 4:15 pm] SUPPLEMENTARY INFORMATION: Federal eRulemaking Portal: http:// BILLING CODE 4000–01–P www.regulations.gov. Follow the online I. General Information instructions for submitting comments. A. Does this action apply to me? Do not submit electronically any information you consider to be CBI or You may be potentially affected by ENVIRONMENTAL PROTECTION other information whose disclosure is this action if you are an agricultural AGENCY restricted by statute. producer, food manufacturer, or • 40 CFR Part 180 pesticide manufacturer. The following Mail: OPP Docket, Environmental list of North American Industrial Protection Agency Docket Center (EPA/ [EPA–HQ–OPP–2019–0639; FRL–10020–79] Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. MCPA; Pesticide Tolerances not intended to be exhaustive, but rather • provides a guide to help readers Hand Delivery: To make special AGENCY: Environmental Protection determine whether this document arrangements for hand delivery or Agency (EPA). applies to them. Potentially affected delivery of boxed information, please follow the instructions at http:// ACTION: Final rule. entities may include: • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html. SUMMARY: This regulation establishes • Animal production (NAICS code Additional instructions on tolerances for residues of MCPA in or on 112). commenting or visiting the docket, tea and intermediate wheatgrass forage, • Food manufacturing (NAICS code along with more information about grain, hay, and straw. Interregional 311). dockets generally, is available at http:// Research Project Number 4 (IR–4) • Pesticide manufacturing (NAICS www.epa.gov/dockets. requested these tolerances under the code 32532). II. Summary of Petitioned-For Federal Food, Drug, and Cosmetic Act Tolerance (FFDCA). B. How can I get electronic access to other related information? In the Federal Register of April 15, DATES: This regulation is effective April You may access a frequently updated 2020 (85 FR 20910) (FRL–10006–54), 13, 2021. Objections and requests for electronic version of EPA’s tolerance EPA issued a document pursuant to hearings must be received on or before regulations at 40 CFR part 180 through FFDCA section 408(d)(3), 21 U.S.C. June 14, 2021, and must be filed in the Government Publishing Office’s e- 346a(d)(3), announcing the filing of a accordance with the instructions CFR site at http://www.ecfr.gov/cgi-bin/ pesticide petition (PP 9E8797) by IR–4, provided in 40 CFR part 178 (see also text-idx?&c=ecfr&tpl=/ecfrbrowse/ Rutgers, The State University of New Unit I.C. of the SUPPLEMENTARY Title40/40tab_02.tpl. Jersey, 500 College Road East, Suite INFORMATION). 201W, Princeton, NJ 08540. The petition ADDRESSES: The docket for this action, C. How can I file an objection or hearing requested that 40 CFR 180.339 be identified by docket identification (ID) request? amended by establishing tolerances for number EPA–HQ–OPP–2019–0639, is Under FFDCA section 408(g), 21 residues of the herbicide MCPA ((4- available at http://www.regulations.gov U.S.C. 346a, any person may file an chloro-2-methylphenoxy) acetic acid), or at the Office of Pesticide Programs objection to any aspect of this regulation both free and conjugated, resulting from Regulatory Public Docket (OPP Docket) and may also request a hearing on those the direct application of MCPA or its in the Environmental Protection Agency objections. You must file your objection sodium or dimethylamine salts, or its 2- Docket Center (EPA/DC), West William or request a hearing on this regulation ethylhexyl ester in or on the following Jefferson Clinton Bldg., Rm. 3334, 1301 in accordance with the instructions agricultural commodities: Tea, plucked Constitution Ave. NW, Washington, DC provided in 40 CFR part 178. To ensure leaves at 0.3 parts per million (ppm); 20460–0001. The Public Reading Room proper receipt by EPA, you must Wheatgrass, intermediate, forage at 20 is open from 8:30 a.m. to 4:30 p.m., identify docket ID number EPA–HQ– ppm; Wheatgrass, intermediate, grain at Monday through Friday, excluding legal OPP–2019–0639 in the subject line on 1 ppm; Wheatgrass, intermediate, hay at holidays. The telephone number for the the first page of your submission. All 115 ppm; and Wheatgrass, intermediate, Public Reading Room is (202) 566–1744, objections and requests for a hearing straw at 25 ppm. That document and the telephone number for the OPP must be in writing and must be received referenced a summary of the petition Docket is (703) 305–5805. by the Hearing Clerk on or before June prepared by Nufarm, the registrant, Due to the public health concerns 14, 2021. Addresses for mail and hand which is available in the docket, http:// related to COVID–19, the EPA Docket delivery of objections and hearing www.regulations.gov. A comment was Center (EPA/DC) and Reading Room is requests are provided in 40 CFR received on the notice of filing but was closed to visitors with limited 178.25(b). unrelated to the chemical MCPA, this exceptions. The staff continues to In addition to filing an objection or action, or pesticides in general. provide remote customer service via hearing request with the Hearing Clerk Based upon review of the data email, phone, and webform. For the as described in 40 CFR part 178, please supporting the petition, EPA has latest status information on EPA/DC submit a copy of the filing (excluding modified the levels at which the services and docket access, visit https:// any Confidential Business Information wheatgrass tolerances are being www.epa.gov/dockets. (CBI)) for inclusion in the public docket. established as well as the commodity

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definition for tea. The reasons for these Quantitative susceptibility was information on the general principles changes are explained in Unit IV.C. observed in the rat developmental EPA uses in risk characterization and a toxicity study with MCPA acid based on complete description of the risk III. Aggregate Risk Assessment and increased incidence of skeletal assessment process, see http:// Determination of Safety retardation and decreased fetal body www2.epa.gov/pesticide-science-and- Section 408(b)(2)(A)(i) of FFDCA weight at a dose that was a maternal no assessing-pesticide-risks/assessing- allows EPA to establish a tolerance (the observed adverse effect level (NOAEL). human-health-risk-pesticide. legal limit for a pesticide chemical There was also quantitative A summary of the toxicological residue in or on a food) only if EPA susceptibility in the 2-generation rat endpoints for MCPA used for human determines that the tolerance is ‘‘safe.’’ reproductive toxicity study with MCPA risk assessment can be found in the Section 408(b)(2)(A)(ii) of FFDCA acid as evidenced by decreased MCPA Human Health Risk Assessment. lactational pup body weight at an defines ‘‘safe’’ to mean that ‘‘there is a C. Exposure Assessment reasonable certainty that no harm will offspring lowest observed adverse effect result from aggregate exposure to the level (LOAEL) corresponding to a 1. Dietary exposure from food and pesticide chemical residue, including parental NOAEL. Qualitative feed uses. In evaluating dietary all anticipated dietary exposures and all susceptibility was noted in the DNT exposure to MCPA, EPA considered other exposures for which there is study based on increased pup mortality exposure under the petitioned-for reliable information.’’ This includes and decreased body weights at the same tolerances as well as all existing MCPA exposure through drinking water and in LOAEL as the maternal LOAEL tolerances in 40 CFR 180.339. EPA residential settings but does not include (decreased body weight and food assessed dietary exposures from MCPA occupational exposure. Section consumptions). in food as follows: 408(b)(2)(C) of FFDCA requires EPA to MCPA is classified as ‘‘Not Likely to i. Acute exposure. Quantitative acute give special consideration to exposure Be Carcinogenic to Humans’’, based on dietary exposure and risk assessments of infants and children to the pesticide long-term studies in rats and mice, and are performed for a food-use pesticide, chemical residue in establishing a there are low mutagenicity concerns. if a toxicological study has indicated the tolerance and to ‘‘ensure that there is a There is no concern for immunotoxicity. possibility of an effect of concern reasonable certainty that no harm will Additional information on the occurring as a result of a 1-day or single result to infants and children from toxicological profile can be found at exposure. Such effects were identified aggregate exposure to the pesticide http://www.regulations.gov in the for MCPA. In conducting the acute dietary chemical residue. . . .’’ document titled ‘‘MCPA. Human Health Risk Assessment to Support a New Use exposure assessment, EPA used the Consistent with FFDCA section on Intermediate Wheatgrass and the 2003–2008 food consumption data from 408(b)(2)(D), and the factors specified in Establishment of a Tolerance without a the U.S. Department of Agriculture’s FFDCA section 408(b)(2)(D), EPA has U.S. Registration for Tea’’ (hereinafter (USDA) National Health and Nutrition reviewed the available scientific data ‘‘MCPA Human Health Risk Examination Survey, What We Eat in and other relevant information in Assessment’’) in docket ID number America (NHANES/WWEIA). The acute support of this action. EPA has EPA–HQ–OPP–2019–0639. dietary exposure assessment is sufficient data to assess the hazards of unrefined and is based on tolerance- B. Toxicological Points of Departure/ and to make a determination on level residues and 100 percent crop Levels of Concern aggregate exposure for MCPA including treated (PCT). exposure resulting from the tolerances Once a pesticide’s toxicological ii. Chronic exposure. In conducting established by this action. EPA’s profile is determined, EPA identifies the chronic dietary exposure assessment of exposures and risks toxicological points of departure (POD) assessment, EPA used the 2003–2008 associated with MCPA follows. and levels of concern to use in food consumption data from the USDA’s A. Toxicological Profile evaluating the risk posed by human NHANES/WWEIA. The chronic dietary exposure to the pesticide. For hazards exposure assessment is unrefined and is EPA has evaluated the available that have a threshold below which there based on tolerance-level residues and toxicity data and considered its validity, is no appreciable risk, the toxicological 100 PCT. completeness, and reliability as well as POD is used as the basis for derivation iii. Cancer. MCPA is classified as the relationship of the results of the of reference values for risk assessment. ‘‘Not Likely to Be Carcinogenic to studies to human risk. EPA has also PODs are developed based on a careful Humans’’ therefore, a cancer assessment considered available information analysis of the doses in each is not needed. concerning the variability of the toxicological study to determine the iv. Anticipated residue and PCT sensitivities of major identifiable dose at which no adverse effects are information. EPA did not use subgroups of consumers, including observed (the NOAEL) and the lowest anticipated residue or PCT information infants and children. dose at which adverse effects of concern in the dietary assessment for MCPA. The kidney is the major target organ are identified (the LOAEL). Uncertainty/ Tolerance level residues and 100 PCT following MCPA exposure. In the safety factors are used in conjunction were assumed for all food commodities. subchronic inhalation toxicity study, with the POD to calculate a safe 2. Dietary exposure from drinking respiratory tract effects were observed exposure level—generally referred to as water. The Agency used screening level following repeat inhalation exposure. a population-adjusted dose (PAD) or a water exposure models in the dietary Additional toxic effects include reference dose (RfD)—and a safe margin exposure analysis and risk assessment neurotoxicity, which was observed in of exposure (MOE). For non-threshold for MCPA in drinking water. Further the acute and subchronic neurotoxicity risks, the Agency assumes that any information regarding EPA drinking (ACN/SCN) studies and in a rat amount of exposure will lead to some water models used in pesticide developmental toxicity study. The degree of risk. Thus, the Agency exposure assessment can be found at developmental neurotoxicity study estimates risk in terms of the probability http://www2.epa.gov/pesticide-science- (DNT) did not identify developmental of an occurrence of the adverse effect and-assessing-pesticide-risks/about- neurotoxicity. expected in a lifetime. For more water-exposure-models-used-pesticide.

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Based on the Pesticide in Water tolerance, the Agency consider selected for risk assessment, the degree Calculator (PWC), for the acute dietary ‘‘available information’’ concerning the of concern for the effects observed in the risk assessment, EPA used an estimated cumulative effects of a particular studies are low because the drinking water concentration (EDWC) of pesticide’s residues and ‘‘other developmental/offspring effects 236 ppb into the DEEM–FCID Model. substances that have a common observed in the studies are well For the chronic exposure assessment, mechanism of toxicity.’’ characterized and clear NOAELs/ EPA used a value of 208 ppb. Unlike other pesticides for which EPA LOAELs have been identified in the 3. From non-dietary exposure. The has followed a cumulative risk approach studies for the effects of concern. term ‘‘residential exposure’’ is used in based on a common mechanism of Additionally, the endpoints and PODs this document to refer to non- toxicity, EPA has not made a common selected for risk assessment are occupational, non-dietary exposure mechanism of toxicity finding as to protective of potential developmental/ (e.g., for lawn and garden pest control, MCPA and any other substances and reproductive effects. indoor pest control, termiticides, and MCPA does not appear to produce a 3. Conclusion. EPA has determined flea and tick control on pets). toxic metabolite produced by other that reliable data show the safety of MCPA is currently registered for uses substances. For the purposes of this infants and children would be that may result in residential handler tolerance action, therefore, EPA has not adequately protected if the FQPA SF and post-application exposures, assumed that MCPA has a common were reduced to 1X, except for acute including commercial and residential mechanism of toxicity with other dietary (general population) and use on lawns, as well as commercial use substances. inhalation scenarios where a 10X SF is retained for extrapolation of a LOAEL to on ornamental turf and trees, golf D. Safety Factor for Infants and a NOAEL. That decision is based on the courses, and parks. Children For the residential exposure following findings: scenarios, the most conservative, or 1. In general. Section 408(b)(2)(C) of i. The toxicity database for MCPA is worst case, residential adult and child FFDCA provides that EPA shall apply complete. scenarios have been selected to be an additional tenfold (10X) margin of ii. Evidence of neurotoxicity was included in the aggregate risk safety for infants and children in the observed in the acute and subchronic assessment. The scenarios are as case of threshold effects to account for neurotoxicity studies in rats, as follows: prenatal and postnatal toxicity and the indicated by various clinical signs of Adult aggregate assessment: Granular completeness of the database on toxicity neurotoxicity. There were no formulations: dermal post-application and exposure unless EPA determines developmental neurotoxic effects in the exposure from high contact activities on based on reliable data that a different rat DNT study. There is a low degree of treated lawns (Day 0 turf transferable margin of safety will be safe for infants concern for the potential neurotoxic residue (TTR)) at both the 1.85 lb acid and children. This additional margin of effects of MCPA since clear NOAELs equivalent (ae)/A and 1.5 lb ae/A rate. safety is commonly referred to as the were identified for the effects described Liquid formulations: dermal post- FQPA Safety Factor (SF). In applying above, there were no adverse application exposure from high contact this provision, EPA either retains the neuropathological effects, and the activities on treated lawns (average default value of 10X, or uses a different endpoints chosen for risk assessment TTR) at both the 1.5 lb ae/A and 1.25 additional safety factor when reliable are protective of any potential lb ae/A rate. data available to EPA support the choice neurotoxicity. Children 11 to <16 years old and of a different factor. iii. As noted above, quantitative children 6 to <11 years old aggregate 2. Prenatal and postnatal sensitivity. susceptibility was demonstrated in the assessments: Liquid formulations: In the developmental rat study with developmental rat study, but not in dermal post-application exposures from MCPA acid, quantitative susceptibility rabbits. Quantitative susceptibility was golfing (Day 0 TTR) on treated turf. was demonstrated based on increased also evident in the 2-generation Children 1 to <2 years old aggregate incidence of skeletal retardation and reproduction study in rats. However, the assessment: Granular formulations: decreased fetal body weight at a dose degree of concern for the effects combined (dermal plus incidental oral) that was a maternal NOAEL. MCPA observed in the studies is low for the post-application exposures from high acid, however, did not produce reasons summarized in Unit III.D.3.ii. contact activities on treated lawns (Day developmental toxicity in rabbits. iv. There are no residual uncertainties 0 TTR) at both the 1.85 lb ae/A and 1.5 Quantitative susceptibility was also identified in the exposure databases. lb ae/A rate. evident in the 2-generation reproduction The Agency has used high-end Liquid formulations: combined study in rats with MCPA acid, in which assumptions in the dietary exposure (dermal plus incidental oral) post- lactational pup body weight decrements assessment, including the use of 100 application exposures from high contact were noted at a dose in offspring that PCT and tolerance-level residues, and activities on treated lawns (average was a parental NOAEL. Qualitative upper-bound estimates of potential TTR) at both the 1.5 lb ae/A and 1.25 susceptibility was noted in the exposure through drinking water. In lb ae/A rate. developmental neurotoxicity (DNT) addition, the residential exposure Further information regarding EPA study with MCPA acid based on assessment was conducted using standard assumptions and generic increased pup mortality and body chemical-specific data (where available) inputs for residential exposures may be weights at the same LOAEL as the and the Agency’s 2012 Residential found at http://www2.epa.gov/pesticide- maternal LOAEL (decreased body SOPs; as such, residential exposures are science-and-assessing-pesticide-risks/ weight and food consumptions). There unlikely to be underestimated. standard-operating-procedures- was no evidence of quantitative or residential-pesticide. qualitative susceptibility in the E. Aggregate Risks and Determination of 4. Cumulative effects from substances developmental rat studies with MCPA Safety with a common mechanism of toxicity. dimethylamine (DMA) salt and MCPA EPA determines whether acute and Section 408(b)(2)(D)(v) of FFDCA ester forms. chronic dietary pesticide exposures are requires that, when considering whether Considering the overall toxicity safe by comparing aggregate exposure to establish, modify, or revoke a profile and the doses and endpoints estimates to the acute PAD (aPAD) and

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chronic PAD (cPAD). For linear cancer TTR (a refinement in the risk plant commodities. The current PAM risks, EPA calculates the lifetime assessment), the short-term aggregate Vol II methods are adequate for the probability of acquiring cancer given the MOEs are not of concern for adults enforcement of MCPA on plants and estimated aggregate exposure. Short-, (MOE = 210) and for children 1 to <2 livestock commodities and no further intermediate-, and chronic-term risks years old (MOE = 100) using 11-day modifications are required at this time are evaluated by comparing the average TTR. As noted above, a MOE B. International Residue Limits estimated aggregate food, water, and equal to or greater than 100 is not of residential exposure to the appropriate concern. In making its tolerance decisions, EPA PODs to ensure that an adequate MOE 4. Intermediate-term risk. seeks to harmonize U.S. tolerances with exists. Intermediate-term aggregate exposure international standards whenever 1. Acute risk. An acute aggregate risk takes into account intermediate-term possible, consistent with U.S. food assessment takes into account acute residential exposure plus chronic safety standards and agricultural exposure estimates from dietary exposure to food and water (considered practices. EPA considers the consumption of food and drinking to be a background exposure level). international maximum residue limits water. Using the exposure assumptions An intermediate-term adverse effect (MRLs) established by the Codex described in this unit for acute was identified; however, MCPA is not Alimentarius Commission (Codex), as exposure, EPA has concluded that acute registered for any use patterns that required by FFDCA section 408(b)(4). exposure to MCPA from food and water would result in intermediate-term There are no Codex MRLs for MCPA will utilize 29% of the aPAD for all residential exposure. Intermediate-term in or on tea or intermediate wheatgrass. infants less than 1 year old, the risk is assessed based on intermediate- C. Revisions to Petitioned-For population group receiving the greatest term residential exposure plus chronic Tolerances exposure. dietary exposure. Because there is no 2. Chronic risk. Using the exposure intermediate-term residential exposure EPA is establishing the tolerance on assumptions described in this unit for and chronic dietary exposure has ‘‘tea, dried’’ rather than ‘‘tea, plucked chronic exposure, EPA has concluded already been assessed under the leaves’’ to be consistent with Agency that chronic exposure to MCPA from appropriately protective cPAD (which is nomenclature. The petitioner proposed tolerance food and water will utilize 28% of the at least as protective as the POD used to levels for wheatgrass commodities based cPAD for all infants less than 1 year old, assess intermediate-term risk), no on the current tolerance levels for wheat the population group receiving the further assessment of intermediate-term commodities in 40 CFR 180.339. While greatest exposure. risk is necessary, and EPA relies on the EPA agrees that it is appropriate to base 3. Short-term risk. Short-term chronic dietary risk assessment for the tolerance levels for wheatgrass aggregate exposure takes into account evaluating intermediate-term risk for commodities on the tolerance levels for short-term residential exposure plus MCPA. wheat commodities, given the chronic exposure to food and water 5. Aggregate cancer risk for U.S. similarities in crops, the Agency has (considered to be a background population. MCPA is classified as ‘‘Not reviewed the tolerances for wheat, grain exposure level). MCPA is registered for Likely to Be Carcinogenic to Humans’’; and wheat, hay and determined that the uses that could result in short-term therefore, EPA does not expect MCPA current tolerances are too high. Upon residential exposure, and the Agency exposures to pose an aggregate cancer review, crop field trial studies reflecting has determined that it is appropriate to risk. aggregate chronic exposure through food 6. Determination of safety. Based on the use of MCPA showed residue levels and water with short-term residential these risk assessments, EPA concludes that were lower than current tolerances. exposures to MCPA. that there is a reasonable certainty that The OECD calculation procedure For the granular formulation exposure no harm will result to the general recommended tolerance levels of 0.2 scenarios, the short-term aggregate population, or to infants and children ppm for wheat, grain and 40 ppm for MOEs using Day 0 residues for adults from aggregate exposure to MCPA wheat, hay. This discrepancy was and children 1 to less than 2 years old residues. identified during Registration Review; are not of concern, at 230 and 120, see ‘‘MCPA. Second Revision: Draft respectively. IV. Other Considerations Human Health Risk Assessment in Some residential exposure scenarios A. Analytical Enforcement Methodology Support of Registration Review’’, which on treated turf (liquid formulations) is available in docket ID EPA–HQ–OPP– resulted in risk estimates of concern for For enforcement of tolerances for 2014–0180. Moreover, the current adults and children when using the day residues of MCPA, Pesticide Analytical Codex MRLs for wheat, forage, hay and of application (Day 0; screening level) Manual (PAM) Vol. II lists PAM Vol. I straw are set at 50 ppm. Therefore, EPA residues from the chemical specific turf Sections 221.1, 421, and 422. No limit intends to revise the existing wheat transferable residue (TTR) data. For of quantitation is specified. It is noted tolerances to reflect this analysis and to these scenarios, aggregate assessments that Section 221.1 has now become harmonize with Codex MRLs when using risk estimates resulting from Section 402 (gas chromatography (GC) updating the MCPA tolerances as part of refinement of the TTR values (i.e., using method for acids and phenols) and Registration Review. Applying the same average modeled TTR values) were Sections 421 and 422 (thin-layer logic to the wheatgrass commodities, conducted. chromatography (TLC) methods) no EPA is establishing those tolerances at For the liquid formulation scenarios longer exist. The Residue Chemistry 0.2 ppm for intermediate wheatgrass, using Day 0 residues, the short-term Chapter of the Registration Standard grain and at 50 ppm for intermediate aggregate MOEs are as follows: for dated 8/31/1981 noted that the PAM wheatgrass, forage, hay, and straw. children 6 to <11 years old the MOE = Vol. I method is adequate for 330, and for children 11 to <16 years enforcement of tolerances for residues of V. Conclusion old, the MOE = 390. These MOEs are MCPA in livestock commodities as-is, Therefore, tolerances are established equal to or above the LOC (100) and are but recommended that the method be for residues of MCPA in or on Tea, dried therefore not of concern. For the liquid modified with a hydrolysis step for at 0.3 ppm; Wheatgrass, intermediate, formulation scenarios using average enforcement of MCPA tolerances for forage at 50 ppm; Wheatgrass,

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intermediate, grain at 0.2 ppm; Governments’’ (65 FR 67249, November TABLE 1 TO PARAGRAPH (a)(1) Wheatgrass, intermediate, hay at 50 9, 2000) do not apply to this action. In ppm; and Wheatgrass, intermediate, addition, this action does not impose Commodity Parts per straw at 50 ppm. any enforceable duty or contain any million VI. Statutory and Executive Order unfunded mandate as described under Reviews Title II of the Unfunded Mandates ***** Reform Act (UMRA) (2 U.S.C. 1501 et Tea, dried ...... 0.3 This action establishes tolerances seq.). under FFDCA section 408(d) in ***** response to a petition submitted to the This action does not involve any Wheatgrass, intermediate, forage 50 Agency. The Office of Management and technical standards that would require Wheatgrass, intermediate, grain ... 0.2 Budget (OMB) has exempted these types Agency consideration of voluntary Wheatgrass, intermediate, hay ..... 50 of actions from review under Executive consensus standards pursuant to section Wheatgrass, intermediate, straw .. 50 Order 12866, entitled ‘‘Regulatory 12(d) of the National Technology Planning and Review’’ (58 FR 51735, Transfer and Advancement Act * * * * * October 4, 1993). Because this action (NTTAA) (15 U.S.C. 272 note). [FR Doc. 2021–07517 Filed 4–12–21; 8:45 am] has been exempted from review under BILLING CODE 6560–50–P Executive Order 12866, this action is VII. Congressional Review Act not subject to Executive Order 13211, Pursuant to the Congressional Review entitled ‘‘Actions Concerning COUNCIL ON ENVIRONMENTAL Regulations That Significantly Affect Act (5 U.S.C. 801 et seq.), EPA will QUALITY submit a report containing this rule and Energy Supply, Distribution, or Use’’ (66 40 CFR Part 1519 FR 28355, May 22, 2001) or Executive other required information to the U.S. Order 13045, entitled ‘‘Protection of Senate, the U.S. House of RIN 0331–AA04 Children from Environmental Health Representatives, and the Comptroller Risks and Safety Risks’’ (62 FR 19885, General of the United States prior to Guidance Document Procedures April 23, 1997). This action does not publication of the rule in the Federal Rescission Register. This action is not a ‘‘major contain any information collections AGENCY: Council on Environmental subject to OMB approval under the rule’’ as defined by 5 U.S.C. 804(2). Quality. Paperwork Reduction Act (PRA) (44 List of Subjects in 40 CFR Part 180 ACTION: Final rule. U.S.C. 3501 et seq.), nor does it require any special considerations under Environmental protection, SUMMARY: On January 8, 2021, the Executive Order 12898, entitled Administrative practice and procedure, Council on Environmental Quality ‘‘Federal Actions to Address Agricultural commodities, Pesticides (CEQ) issued a final rule to implement Environmental Justice in Minority and pests, Reporting and recordkeeping Executive Order (E.O.) 13891, Populations and Low-Income requirements. ‘‘Promoting the Rule of Law Through Populations’’ (59 FR 7629, February 16, Improved Agency Guidance 1994). Dated: April 7, 2021. Documents.’’ In accordance with E.O. Since tolerances and exemptions that Marietta Echeverria, 13992, ‘‘Revocation of Certain Executive are established on the basis of a petition Acting Director, Registration Division, Office Orders Concerning Federal Regulation,’’ under FFDCA section 408(d), such as of Pesticide Programs. this final rule rescinds CEQ’s rule on the tolerances in this final rule, do not guidance document procedures. Therefore, for the reasons stated in the require the issuance of a proposed rule, DATES: This final rule is effective April preamble, EPA is amending 40 CFR the requirements of the Regulatory 13, 2021. Flexibility Act (RFA) (5 U.S.C. 601 et chapter I as follows: FOR FURTHER INFORMATION CONTACT: seq.), do not apply. This action directly regulates growers, PART 180—TOLERANCES AND Amy B. Coyle, Deputy General Counsel, food processors, food handlers, and food EXEMPTIONS FOR PESTICIDE Council on Environmental Quality, 730 retailers, not States or tribes, nor does CHEMICAL RESIDUES IN FOOD Jackson Place NW, Washington, DC this action alter the relationships or 20503, (202) 395–5750, amy.b.coyle@ distribution of power and ■ 1. The authority citation for part 180 ceq.eop.gov. responsibilities established by Congress continues to read as follows: SUPPLEMENTARY INFORMATION: E.O. in the preemption provisions of FFDCA 13891, ‘‘Promoting the Rule of Law Authority: 21 U.S.C. 321(q), 346a and 371. section 408(n)(4). As such, the Agency Through Improved Agency Guidance has determined that this action will not ■ 2. In § 180.339, amend paragraph Documents,’’ addressed the have a substantial direct effect on States (a)(1) by designating the table as Table development, use, and public or Tribal Governments, on the 1 to paragraph (a)(1) and adding in availability of agency guidance relationship between the National alphabetical order to newly designated documents and required agencies to Government and the States or Tribal Table 1 to paragraph (a)(1) entries for promulgate or update existing Governments, or on the distribution of ‘‘Tea, dried’’; ‘‘Wheatgrass, regulations setting forth their power and responsibilities among the intermediate, forage’’; ‘‘Wheatgrass, procedures for issuing guidance documents. 84 FR 55235 (Oct. 15, 2019). various levels of government or between intermediate, grain’’; ‘‘Wheatgrass, On January 8, 2021, CEQ issued a final the Federal Government and Indian intermediate, hay’’ and ‘‘Wheatgrass, Tribes. Thus, the Agency has rule, ‘‘Guidance Document Procedures’’ intermediate, straw’’ to read as follows: determined that Executive Order 13132, to implement E.O. 13891. 86 FR 1279. entitled ‘‘Federalism’’ (64 FR 43255, § 180.339 MCPA; tolerances for residues. The final rule established 40 CFR part August 10, 1999) and Executive Order 1519 to establish guidance document 13175, entitled ‘‘Consultation and (a) * * * procedures, procedures for the public to Coordination with Indian Tribal (1) * * * request withdrawal or modification of a

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