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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations subgroup 5A, and Vegetable, root except sugarbeet, subgroup 1B all 0.02
ppm. For the reasons explained in the Thiabendazole Human Health Risk Assessment, the Agency believes these revised, lower tolerances are appropriate.
In accordance with the World Trade Organizations WTO Sanitary and Phytosanitary Measures SPS
Agreement, EPA intends to notify the WTO of the changes to these tolerances in order to satisfy its obligations under the Agreement. In addition, the SPS
Agreement requires that Members provide a reasonable interval between the publication of a regulation subject to the Agreement and its entry into force to allow time for producers in exporting Member countries to adapt to the new requirement. Accordingly, EPA is establishing an expiration date for the existing tolerances to allow these tolerances to remain in effect for a period of six months after the effective date of this final rule. After the sixmonth period expires, these tolerances will be reduced or revoked, as indicated in the regulatory text, and allowable residues on alfalfa forage, alfalfa hay, Brassica head and stem subgroup 5A, and vegetable, root except sugarbeet, subgroup 1B must conform to the tolerances for Animal feed, nongrass, group 18; Vegetable, Brassica, head and stem, group 516; and Vegetable, root, except sugar beet, subgroup 1B. This reduction in tolerance level is not discriminatory; the same food safety standard contained in the FFDCA
applies equally to domestically produced and imported foods. The new tolerance levels are supported by available residue data.

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V. Conclusion Therefore, tolerances are established for residues of thiabendazole in or on Animal feed, nongrass, group 18 at 0.01
ppm; Beet, garden, leaves at 0.01 ppm;
Brassica, leafy greens, subgroup 416B
at 0.01 ppm; Burdock, edible, leaves at 0.01 ppm; Carrot, leaves at 0.01 ppm;
Carrot, roots at 10 ppm; Celeriac, leaves at 0.01 ppm; Chervil, turnip rooted, leaves at 0.01 ppm; Chicory, leaves at 0.01 ppm; Fruit, citrus, group 1010 at 10 ppm; Fruit, pome, group 1110 at 10
ppm; Kohlrabi at 0.01 ppm; Radish, oriental, leaves at 0.01 ppm; Rutabaga, leaves at 0.01 ppm; Salsify, black, leaves at 0.01 ppm; Sweet potato, tuber at 3
ppm; Vegetable, Brassica, head and stem, group 516 at 0.01 ppm;
Vegetable, root, except sugar beet, subgroup 1B at 0.01 ppm; and Vegetable, tuberous and corm, subgroup 1C, except sweet potato at 10 ppm.

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Additionally, the following tolerances are removed as unnecessary due to the establishment of the above tolerances:
Alfalfa, forage; Alfalfa, hay; Brassica, head and stem, subgroup 5A; Carrot, roots, postharvest; Fruit, citrus, group 10, postharvest; Fruit, pome, group 11, postharvest; Potato, postharvest; Radish, tops; Sweet potato postharvest to sweet potato intended only for use as seed;
and Vegetable, root except sugarbeet, subgroup 1B.
Finally, EPA is revising the tolerance expression for thiabendazole in 40 CFR
180.242a1 and 2 to clarify 1 that, as provided in FFDCA section 408a3, the tolerance covers metabolites and degradates of thiabendazole not specifically mentioned; and 2 that compliance with the specified tolerance levels is to be determined by measuring only the specific compounds mentioned in the tolerance expression. EPA has determined that it is reasonable to make this change final without prior proposal and opportunity for comment, because public comment is not necessary, in that the change has no substantive effect on the tolerance, but rather is merely intended to clarify the existing tolerance expression.
VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408d 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 408d, such as the tolerances and modifications in this
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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 408n4. 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 12d 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. 8042.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.
Dated: August 18, 2021.
Catherine Aubee, 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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