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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
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 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.
Dated: November 10, 2021.
Marietta Echeverria, 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:
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. Amend 180.442 by:
a. In the table in paragraph a1
i. Adding in alphabetical order the commodities: Apple, wet pomace;
Avocado; Berry, low growing, subgroup 1307G; Brassica, leafy greens, subgroup 416B;
ii Removing the commodities:
Brassica, leafy greens, subgroup 5B;
Caneberry subgroup 13A;

iii. Adding in alphabetical order the commodity Caneberry subgroup 13
07A;
iv. Removing the commodities Eggplant; Fruit, citrus, group 10;
v. Adding in alphabetical order the commodities Fruit, citrus, group 10
10; Fruit, pome, group 1110, except mayhaw; Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13
07F;
vi. Removing the commodity Grape;
vii. Revising the entry for Groundcherry viii. Removing the commodity Nut, tree, group 14;
ix. Adding in alphabetical order the commodity Nut, tree, group 1412;
x. Removing the commodity Okra;
xi. Adding in alphabetical order the commodity Peach subgroup 1212B
xii. Removing the commodities Pear; Pepino; Pepper, bell;
Pepper, nonbell;
xiii. Adding in alphabetical order the commodity Pepper/eggplant subgroup 810B;
xiv. Removing the commodity Pistachio xv, Adding in alphabetical order the commodity Pomegranate;
xvi. Removing the commodity Strawberry;
xvii. Adding in alphabetical order the commodity Sunflower subgroup 20B;
xviii. Removing the commodity Tomato;
xix. Adding in alphabetical order the commodity Tomato subgroup 810A;
and xx. Removing the commodity Turnip, greens.
b. Remove and reserve paragraph b.
The additions and revisions read as follows.

180.442 Bifenthrin; tolerances for residues.

a1
Parts per million
lotter on DSK11XQN23PROD with RULES1

Commodity

Apple, wet pomace

Avocado

Berry, low growing, subgroup 1307G

Brassica, leafy greens, subgroup 416B

Caneberry subgroup 1307A

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