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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
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pear to harmonize with the Canadian MRL.
EPA is establishing the tolerance for tomato subgroup 810A at 0.3 ppm rather than at 0.15 ppm, the existing U.S. tolerance on tomato to harmonize with the Codex MRL of 0.3 ppm in/on tomato. Additionally, EPA is establishing the tolerance for Brassica, leafy greens, subgroup 416B at 4 ppm rather than at 3.5 ppm, the existing U.S.
tolerance on Brassica, leafy greens, subgroup 5B to harmonize with the Codex MRL of 4 ppm in/on mustard greens.
It is not possible to harmonize the U.S. tolerance for Berry, low growing, subgroup 1307G at 3 ppm with the Codex MRL for strawberry at 1 ppm.
Reducing the U.S. tolerance would put U.S. growers at risk of having violative residues despite legal use of the pesticide according to the label.
C. Revisions to Petitioned-For Tolerances EPA is establishing the tolerance at different levels than requested for:
Apple, wet pomace; avocado; berry, low growing, subgroup 1307G; Brassica, leafy greens, subgroup 416B; caneberry subgroup 1307A; fruit, pome, group 1110, except mayhaw; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 1307F; peach subgroup 12
12B; pepper/eggplant subgroup 810B;
pomegranate; sunflower crop subgroup 20B and tomato subgroup 810A.
All trailing zeroes have been removed from the proposed tolerances to be consistent with Organization for Economic Cooperation and Development OECD Rounding Class Practice. In addition, the proposed apple, wet pomace tolerance of 1.3 ppm has been established at 1.5 ppm because the value determined is rounded following the OECD rounding class practice.
To harmonize with the applicable international MRLs, the tolerances for fruit, pome, group 1110, except mayhaw; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13
07F; and tomato subgroup 810A were established at higher limits than what was proposed.
The petitioner withdrew the change to the use pattern that would have necessitated the change to the tolerance for Brassica, leafy greens, subgroup 4
16B from 3.5 ppm to 15 ppm. EPA is establishing the tolerance for Brassica, leafy greens, subgroup 416B at 4 ppm, based on the crop group conversion of the established tolerance on Brassica, leafy greens, subgroup 5B and adjusting it to harmonize with the Codex MRL for mustard greens.

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The commodity definition for sunflower crop subgroup 20B has been revised to sunflower subgroup 20B and the proposed tolerance at 0.01 has been established at 0.05 based on the current enforcement method limit of quantitation LOQ.
D. International Trade Considerations In this rule, EPA is establishing a lower tolerance for bifenthrin residues in or on groundcherry than the current tolerance. The current tolerance for groundcherry is 0.5 ppm, but groundcherry is a commodity in the proposed crop group expansion from tomato to tomato subgroup 810A, for which EPA is establishing a new tolerance in this rulemaking at 0.3 ppm.
As a result, EPA intends for the allowable residues on groundcherry to be reduced. As discussed in EPAs crop grouping rulemaking, EPA has determined that groundcherry is similar to tomatoes and appropriately categorized in subgroup 810A. See 72
FR 69150 Dec. 7, 2007. Based on residue data supporting the 0.3 ppm tolerance for subgroup 810A and the similarity of groundcherry to tomatoes, EPA concludes that it is appropriate to reduce the tolerance on groundcherry as well.
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 tolerance to allow this tolerance to remain in effect for a period of six months after the effective date of this final rule. After the six-month period expires, this tolerance will be reduced or revoked, as indicated in the regulatory text, and allowable residues on groundcherry must conform to the tolerance for subgroup 810A.
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 level is supported by available residue data.
V. Conclusion Tolerances are established for residues of bifenthrin, 2-methyl 1,1biphenyl-3-yl methyl-3-2-chloro-

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3,3,3,-trifluoro-1-propenyl-2,2dimethylcyclopropanecarboxylate, in or on apple, wet pomace at 1.5 ppm;
avocado at 0.5 ppm; berry, low growing, subgroup 1307G at 3 ppm; Brassica, leafy greens, subgroup 416B at 4 ppm;
caneberry subgroup 1307A at 1 ppm;
fruit, citrus, group 1010 at 0.05 ppm;
fruit, pome; group 1110, except mayhaw at 0.9 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 1307F at 0.3 ppm; nut, tree, group 1412 at 0.05 ppm; peach subgroup 1212B at 0.7 ppm; pepper/
eggplant subgroup 810B at 0.5 ppm;
pomegranate at 0.5 ppm; sunflower subgroup 20B at 0.05 ppm; and tomato subgroup 810A at 0.3 ppm.
The following tolerances are removed as unnecessary due to the establishment of the above tolerances: Brassica, leafy greens, subgroup 5B at 3.5 ppm;
caneberry subgroup 13A at 1.0 ppm;
eggplant at 0.05 ppm; fruit, citrus, group 10 at 0.05 ppm; grape at 0.2 ppm; nut, tree, group 14 at 0.05 ppm; okra at 0.50
ppm; pear at 0.5 ppm; pepino at 0.5
ppm; pepper, bell at 0.5 ppm; pepper, nonbell at 0.5 ppm; pistachio at 0.05
ppm; strawberry at 3.0 ppm; tomato at 0.15 ppm; and turnip, greens at 3.5
ppm.
Additionally, the following Section 18
time-limited tolerances are removed as unnecessary due to the establishment of the above permanent tolerances: Apple at 0.5 ppm; avocado at 0.50 ppm;
nectarine at 0.5 ppm; peach at 0.5 ppm;
and pomegranate at 0.50 ppm.
Finally, EPA is setting a six-month expiration date for the current groundcherry tolerance at 0.5 ppm.
VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408d in response to petitions 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, nor is it considered a regulatory action under Executive Order 13771, entitled Reducing Regulations and Controlling Regulatory Costs 82
FR 9339, February 3, 2017. This action
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