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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Rules and Regulations subgroup 22B 2 ppm is harmonized with the Codex MRL for celery. The tolerance for crop group 516 1.5 ppm is harmonized with all Codex commodities within the crop group except Chinese cabbage, napa, which has a Codex MRL of 1 ppm. There are no Codex MRLs for Florence fennel and celtuce.

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C. Revisions to Petitioned-For Tolerances The petitioner proposed a tolerance value of 4 ppm for leaf petiole vegetable subgroup 22B based on the existing tolerance for vegetables, leafy, except Brassica, crop group 4. Instead, EPA is establishing a tolerance value of 2 ppm for crop subgroup 22B to harmonize with the Codex MRL for celery. EPA
analyzed the existing celery data, which supports a tolerance of 2 ppm according to the Organization for Economic Cooperation and Development OECD
tolerance calculation procedure.
D. International Trade Considerations In this rule, EPA is establishing tolerances for fluensulfone residues in or on the leaf petiole vegetable subgroup 22B at 2 ppm, which is lower than the existing tolerance in or on vegetables, leafy, except Brassica, group 4, which includes cardoon; celery; celery, Chinese; and rhubarb all at 4 ppm and all part of the leaf petiole vegetable subgroup 22B. The Agency believes this revised, lower tolerance is appropriate because it is harmonized with the Codex MRL for celery and is supported by available residue data.
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 for residues of fluensulfone in or on vegetables, leafy, except Brassica, group 4 to allow it to remain in effect for a period of six months after the effective date of this final rule. After the six-month period ends, this tolerance will expire, as indicated in the regulatory text, and allowable residues on cardoon; celery;
celery, Chinese; and rhubarb must conform to the new tolerance for leaf petiole vegetable subgroup 22B. This reduction in the tolerance level is not
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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 Therefore, tolerances are established for residues of fluensulfone in or on Brassica, leafy greens, subgroup 416B
at 20 ppm; Celtuce at 4 ppm; Fennel, Florence, fresh leaves and stalk at 4
ppm; Kohlrabi at 1.5 ppm; Leaf petiole vegetable subgroup 22B at 2 ppm; Leafy greens subgroup 416A at 4 ppm; and Vegetable, Brassica, head and stem, group 516 at 1.5 ppm.
Additionally, the following existing tolerances are unnecessary due to the establishment of the above tolerances:
Brassica, head and stem, subgroup 5A;
Brassica, leafy greens, subgroup 5B; and Vegetables, leafy, except Brassica, group 4. Therefore, existing tolerances for residues of fluensulfone in or on Brassica, head and stem, subgroup 5A
and Brassica, leafy greens, subgroup 5B
are removed, and to satisfy international trade obligations, the existing tolerance for residues of fluensulfone in or on Vegetables, leafy, except Brassica, group 4 expires six months after the effective date of this final rule.
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 to 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.

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Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408d, such as the tolerances 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.
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.

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