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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES

mechanism of toxicity between fluindapyr and other pesticides and thus there are no combinations of pesticides to consider at this time.
EPA has evaluated available data concerning carcinogenicity and determined that fluindapyr is not likely to be carcinogenic to humans. This conclusion is based on a lack of treatment-related tumors seen in male or female rats or mice and no concern for mutagenicity. The commenter has provided no additional information about potential carcinogenicity.
Fluindapyr contains a difluoromethyl group and a fluorine-substituted phenyl group. The difluoromethyl group remains intact on the compounds identified in crop primary and rotational, livestock, and environmental fate studies, including the compounds identified as the residues of concern for tolerance enforcement and risk assessment purposes for crop and livestock commodities. While the metabolism studies show the phenyl group does degrade, it is extremely unlikely for the fluorine to form a free fluorine because the stability of the bond between the fluorine and carbon atom. Therefore, applications of fluindapyr are not expected to result in dietary exposure to fluoride.
D. Revisions to Petitioned-For Tolerances Based on EPAs review of the data supporting the petition, EPA is establishing tolerances that vary from what the petitioner requested under its authority in FFDCA section 408d4Ai. Some commodity terms are altered to be consistent with Agency nomenclature. EPA is not establishing tolerances for corn oil since EPA
determined that residues on this commodity will be adequately covered under corn, field, grain due to the lack of concentration during processing. EPA
is also not establishing tolerances for fruit, small vine-climbing except fuzzy kiwifruit, crop subgroup 1307F and the soybean commodities as initially requested since they are not necessary at this time, due to the withdrawal of the proposed uses by the petitioner.
EPA is establishing tolerance levels lower than what the petitioner requested for grain, aspirated fractions;
grain, cereal, group 15, except rice and corn from 0.9 ppm; and cattle, fat based on the submitted field trial data for those commodities using the OEDC
MRL Maximum Residue Limit calculator.
Because of potential increase of fluindapyr including metabolites and degradates in livestock diet, largely due
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to cereal grain crop group 15 and 16 use, and based on updated maximum reasonably balanced diet MRBD
calculations for livestock, the Agency has determined that finite residues will be incurred in poultry egg, fat, meat, and meat byproducts, ruminants fat, milk, meat, and meat byproducts, hog fat, meat, and meat byproducts, and horse fat, meat, and meat byproducts;
therefore, under 40 CFR 180.6, EPA is establishing tolerances for those commodities.
V. Conclusion Therefore, tolerances are established for residues of fluindapyr, 3difluoromethyl-N-7-fluoro-2,3dihydro-1,1,3-trimethyl-1H-inden-4-yl1-methyl-1H-pyrazole-4-carboxamide, in or on almond, hulls at 15 ppm ; corn, field, grain at 0.01 ppm; corn, sweet, kernel plus cob with husks removed at 0.01 ppm; corn, sweet, stover at 20 ppm;
grain, aspirated fractions at 20 ppm;
grain, cereal, forage, fodder, and straw, group 16 forage, except rice at 15 ppm;
grain, cereal, forage, fodder, and straw, group 16, hay, except rice at 8 ppm;
grain, cereal, forage, fodder, and straw, group 16, stover, except rice at 4 ppm;
grain, cereal, forage, fodder, and straw, group 16, straw, except rice at 20 ppm;
grain, cereal, group 15, except rice and corn at 0.8 ppm; nut, tree, group 1412
at 0.04 ppm; egg at 0.01 ppm; milk at 0.01 ppm; cattle, fat at 0.03 ppm; cattle, meat at 0.01; goat, fat at 0.03 ppm; goat, meat at 0.01 ppm; hog, fat at 0.01 ppm;
hog, meat at 0.01 ppm; horse, fat at 0.03
ppm; horse, meat at 0.01 ppm; poultry, fat at 0.01 ppm; poultry, meat at 0.01
ppm; sheep, fat at 0.03 ppm; and sheep, meat at 0.01 ppm. In addition, tolerances are established for residues of fluindapyr, 3-difluoromethyl-N-7fluoro-1,1,3-trimethyl-2,3-dihydro-1Hinden-4-yl-1-methyl-1H-pyrazole-4carboxamide, and 3-difluoromethyl-N7-fluoro-1-hydroxymethyl-1,3dimethyl-2,3-dihydro-lH-inden-4-yl-1methyl-lH-pyrazole-4-carboxamide, in or on cattle, meat byproducts at 0.3
ppm; goat, meat byproducts at 0.3 ppm;
horse, meat byproducts at 0.3 ppm; hog, meat byproducts at 0.01 ppm; poultry, meat byproducts at 0.01 ppm; and sheep, meat byproducts at 0.3 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,
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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 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.

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