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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Rules and Regulations United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA
may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408b4 requires that EPA explain the reasons for departing from the Codex level.
The Codex has established MRLs for isoprothiolane in or on rice, husked at 6 ppm and rice, polished at 1.5 ppm.
These MRLs are the same as the tolerances established for isoprothiolane in the United States. There are currently no Codex MRLs for banana or rice, bran.
C. Response to Comments EPA received one comment in response to the December 21, 2020
Notice of Filing, which recommended that the use of pesticides on food should be banned. Although the Agency recognizes that some individuals believe that pesticides should be banned on agricultural crops, the existing legal framework provided by section 408 of the FFDCA authorizes EPA to establish tolerances when it determines that the tolerance is safe. Upon consideration of the validity, completeness, and reliability of the available data as well as other factors the FFDCA requires EPA
to consider, EPA has determined that the quizalofop ethyl tolerances are safe.
The commenter has provided no information indicating that a safety determination cannot be supported.

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D. Revisions to Petitioned-For Tolerances EPA is establishing two tolerances at different levels than requested by the petitioner. Specifically, EPA is establishing the tolerance for banana at 0.9 ppm rather than 1 based on the Organization for Economic Co-operation and Development OECD tolerance calculation procedure. The proposed rice, bran tolerance was 30 ppm. EPA
is establishing the rice, bran tolerance at 15 ppm rather than 30 ppm based on the field trial and processing data. In addition, EPA revised the commodity definition from the proposed rice, polished to rice, polished rice to conform to current practices.
V. Conclusion Therefore, tolerances are established for residues of isoprothiolane, including its metabolites and degradates, as determined by measuring only isoprothiolane bis1-methylethyl 21,3-dithiolan-2-ylidenepropanedioate, in or on banana at 0.9 ppm; rice, bran,
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at 15 ppm; rice, husked, at 6 ppm; and rice, polished rice at 1.5 ppm.
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 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 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
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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: November 23, 2021.
Edward Messina, Director, Office of Pesticide Programs.

Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180TOLERANCES 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. 321q, 346a and 371.

2. Add 180.721 to subpart C to read as follows:

180.721 Isoprothiolane; tolerances for residues.

a General. Tolerances are established for residues of the fungicide isoprothiolane, including its metabolites and degradates, in or on the commodities in Table 1 to this paragraph a. Compliance with the tolerance levels specified in Table 1 to this paragraph a is to be determined by measuring only residues of isoprothiolane bis1-methylethyl 21,3-dithiolan-2-ylidenepropanedioate in or on the commodities:

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