[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74115-74119]
[FR Doc No: 2021-28326]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93865; File No. SR-NYSE-2021-68]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Revise the Suite of
Complimentary Products and Services Offered to Listed Companies

December 23, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 13, 2021, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise the suite of complimentary products
and services offered to listed companies pursuant to Section 902.07
[sic] of the NYSE Listed Company Manual. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
Products and Services Currently Provided Under Section 907.00
    Section 907.00 of the NYSE Listed Company Manual sets forth
complimentary products and services that issuers are entitled to
receive in connection with their NYSE listing. The Exchange currently
offers certain complimentary products and services and access to
discounted third-party products and services through the NYSE Market
Access Center to currently and newly listed issuers. The Exchange also
provides complimentary market surveillance products and services (with
a commercial value of approximately $55,000 annually), Web-hosting
products and services (with a commercial value of approximately $16,000
annually), Web-casting services (with a commercial value of
approximately $6,500 annually), market analytics products and services
(with a commercial value of approximately $30,000 annually), and news
distribution products and services (with a commercial value of
approximately $20,000 annually).
    The products and services are offered to Eligible New Listings \4\
and Eligible Transfer Companies \5\ based on the following tiers: \6\
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    \4\ For purposes of Section 907.00, the term ``Eligible New
Listing'' means (i) any U.S. company that lists common stock on the
Exchange for the first time and any non-U.S. company that lists an
equity security on the Exchange under Section 102.01 or 103.00 of
the Manual for the first time, regardless of whether such U.S. or
non-U.S. company conducts an offering and (ii) any U.S. or non-U.S.
company emerging from a bankruptcy, spinoff (where a company lists
new shares in the absence of a public offering), and carve-out
(where a company carves out a business line or division, which then
conducts a separate initial public offering).
    \5\ For purposes of Section 907.00, the term ``Eligible Transfer
Company'' means any U.S. or non-U.S. company that transfers its
listing of common stock or equity securities, respectively, to the
Exchange from another national securities exchange. For purposes of
Section 907.00, an ``equity security'' means common stock or common
share equivalents such as ordinary shares, New York shares, global
shares, American Depository Receipts, or Global Depository Receipts.
    \6\ Section 907.00 provides for separate service entitlements
for Acquisition Companies listed under Section 102.06 and the
issuers of Equity Investment Tracking Stocks listed under Section
102.07.
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    Tier A: For Eligible New Listings and Eligible Transfer Companies
with a global market value of $400 million or more, in each case
calculated as of the date of listing on the Exchange, the Exchange
offers market surveillance, market analytics, Web-hosting, Web-casting,
and news distribution products and services for a period of 48 calendar
months.
    Tier B: For Eligible New Listings and Eligible Transfer Companies
with a global market value of less than $400 million, in each case
calculated as of the date of listing on the Exchange, the Exchange
offers Web-hosting, market analytics, Web-casting, and news
distribution products and services for a period of 48 calendar months.
    The products and services are offered to currently listed companies
that meet the eligibility requirements (``Eligible Current Listings'')
based on the following tiers:
    Tier One: The Exchange offers (i) a choice of market surveillance
or market analytics products and services, and (ii) Web-hosting and
Web-casting products and services to U.S. issuers that have 270 million
or more total shares of common stock issued and outstanding in all
share classes, including and in addition to Treasury shares, and non-
U.S. companies that have 270 million or more shares of an equity
security issued and outstanding in the U.S., each calculated annually
as of September 30 \7\ of the preceding year.
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    \7\ A U.S. issuer or non-U.S. company that has the requisite
number of shares outstanding on September 30 will begin (or
continue, as the case may be) to receive the suite of complimentary
products and services for which it is eligible as of the following
January 1. In the event that a U.S. issuer or non-U.S. company
completes a corporate action between October 1 and December 31 that
increases the number of shares it has outstanding, the Exchange will
calculate its outstanding shares as of December 31 and determine
whether it has become eligible to receive Tier One or Tier Two
services. If eligible, the Exchange will offer such services as of
the immediately succeeding January 1.
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    Tier Two: At each such issuer's election, the Exchange offers a
choice of either: (1) Market analytics; or (2) Web-hosting and Web-
casting products to:
    (1) U.S. issuers that have 160 million to 269,999,999 total shares
of common stock issued and outstanding in all share classes, including
and in addition to Treasury shares, calculated annually as of September
30 \8\ of the preceding year; and
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    \8\ Id.
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    (2) non-U.S. companies that have 160 million to 269,999,999 shares
of an equity security issued and outstanding in the U.S., calculated
annually as of September 30 \9\ of the preceding year.
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    \9\ Id.
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    In addition to the foregoing, the Exchange provides all listed
issuers with complimentary access to whistleblower hotline services
(with a commercial value of approximately $4,000 annually) for a period
of 24 calendar months.
Proposed Amendments to Section 907.00
    The Exchange proposes to amend Section 907.00. Once the amendments
described herein are approved, Eligible Current Listings will be
entitled on a prorated annual basis to a new suite of products and
services starting on the first day of the first calendar month after
the approval date for the proposed amendments.\10\ Eligible New
Listings and Eligible Transfer Companies will receive the proposed new
suite of products and services if they list on or after the date this
proposal is approved by the SEC.\11\
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    \10\ The current form of Section 907.00 will remain in the
Manual and be applicable to Eligible Current Listings for the period
beginning January 1, 2022 through the end of the calendar month in
which these proposed amendments are approved. During that period,
Eligible Current Listings will be entitled to receive the annual
suite of products and services currently set forth in Section
907.00, on a prorated basis. Eligible New Listings and Eligible
Transfer Companies that list prior to approval of the proposed
amendments will be entitled to the suite of products and services
for which they are eligible under Section 907.00 in its current
form.
    \11\ Id.
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    Issuers are not required as a condition of listing to utilize the
complimentary products and services available to them pursuant to
Section 907.00 and issuers may decide to contract themselves for other
products and services. Companies receiving products and services as
Eligible New Listings or Eligible Transfer Companies \12\ that list
before the operative date will continue to be eligible to receive the
products and services for which they are eligible under the rule as in
effect before that date.
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    \12\ The Exchange is not proposing to change the definitions of
Eligible New Listings and Eligible Transfer Companies.
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Modified List of Products and Services
    The Exchange proposes to amend the suite of products and services
provided under Section 907.00. As amended, the suite of available
products and services would be as follows: Market intelligence (with a
maximum commercial value of approximately $50,000 annually), market
analytics (with a maximum commercial value of approximately $30,000
annually), board of directors platform (with a maximum commercial value
of approximately $40,000 annually), virtual event platform (with a
maximum commercial value of approximately $30,000 annually),
environmental, social and governance tools (collectively ``ESG'') (with
a maximum commercial value of approximately $30,000 annually), Web-

hosting and Web-casting products and services (with a maximum
commercial value of approximately $25,000 annually), and news
distribution products and services (with a maximum commercial value of
approximately $20,000 annually).\13\
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    \13\ The proposed rule amendments do not refer to these products
and services being provided through the Exchange's Market Access
Center, as is the case in the comparable description in the current
rule. This does not reflect any change in the nature of the services
to be provided or how issuers will access those services. The Market
Access Center concept was simply a way of identifying the entire
suite of available products and services and promoting their
availability to issuers. The Exchange no longer emphasizes this
approach in communicating with issuers about the products and
services and therefore proposes to remove the reference to the
Market Access Center from Section 907.00.
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    The proposed services offering includes market intelligence, rather
than market surveillance in the current rule. This change reflects a
change over time in the scope of the types of service packages offered
by the service providers from whom the Exchange purchases these
services. Historically, those packages were generally limited to
providing surveillance services, which consisted of monitoring an
issuer's larger shareholders and how the size of their holdings changed
over time. These service providers now also provide additional
information that is intended to track investors'' views about an issuer
and how those views change over time. As this additional service is
included in the package provided to listed companies, the Exchange
believes it is appropriate to reflect that fact by changing the
terminology from market surveillance to market intelligence. The small
decrease in the value attributed to this service is a result of pricing
competition in a highly competitive market for these services.
    The current rule treats Web-hosting and Web-casting services as two
separate items in the suite of available services, while the proposed
rule amendments aggregate them as a single option. The Exchange is
making this change in response to developments over time in how its
service providers package their service offerings, as service providers
now market these two services together rather than separately. The
aggregate value of Web-hosting and Web-casting services would increase
slightly due to increased prices charged by service providers.
    In certain cases, the proposed rule amendments adopt a different
approach from the current rule in how it gives companies the ability to
choose the services they receive. The current rule is structured to
give listed companies a choice among the various service categories,
where choosing a particular service requires the company to forego
another service category entirely (for example, a company with Tier One
eligibility can choose either market surveillance or market analytics
products and services but cannot receive both). The proposed rule
amendments adopt a more flexible approach for: (i) Eligible New
Listings and Eligible Transfers that qualify for Tier A; and (ii)
currently listed companies that qualify for Tier One. In these cases,
companies will be eligible to choose different levels of services from
the different categories, subject to a maximum overall value of
services used. The Exchange believes that this approach will provide
companies with appropriate flexibility in choosing the types and levels
of service that best meet their needs, while providing that all
qualified companies within a tier are entitled to receive the same
dollar value of services.
Amended Offering for Eligible New Listings and Eligible Transfers
    The proposed amended offering of products and services for Eligible
New Listings and Eligible Transfers would be as follows:
    Tier A: For a period of 48 calendar months, Eligible New Listings
and Eligible Transfer Companies that list on the Exchange after
approval of these amendments with a global market value of $400 million
or more, in each case calculated as of the date of listing on the
Exchange, the Exchange offers products and services with a maximum
combined commercial value of approximately $125,000 annually,
consisting of (i) Web-hosting and Web-casting products and services and
(ii) news distribution products and services and (iii) a selection from
among a suite of products and services, including market intelligence,
market analytics, board of directors platform, virtual event platform,
or ESG products and services.
    Tier B: For a period of 48 calendar months, Eligible New Listings
and Eligible Transfer Companies that list on the Exchange after
approval of these amendments with a global market value of less than
$400 million, in each case calculated as of the date of listing on the
Exchange, the Exchange offers (i) Web-hosting and Web-casting products
and services; (ii) market analytics; and (iii) news distribution
products and services.
    The methodology used for determining global market value under the
proposed amended rule for an Eligible New Listing or Eligible Transfer
Company would be the same as is used under the current rule.
Amended Offering for Currently Listed Companies
    The proposed amended offering of products and services for Eligible
Current Listings would be as follows:
    Tier One: For U.S. issuers that have 270 million or more total
shares of common stock issued and outstanding in all share classes,
including and in addition to Treasury shares, and non-U.S. companies
that have 270 million or more shares of an equity security issued and
outstanding in the U.S., each calculated annually as of September 30 of
the preceding year, the Exchange would offer products and services with
a maximum combined commercial value of approximately $75,000 annually,
consisting of (i) Web-hosting and Web-casting products and services and
(ii) a selection from among a suite of products and services, including
market intelligence, market analytics, board of directors platform,
virtual event platform, or ESG products and services.
    Tier Two: At each issuer's election, the Exchange would offer a
choice of: (i) Market analytics; (ii) Web-hosting and Web-casting
products; or (iii) virtual event platform to:
    (1) U.S. issuers that have 160 million to 269,999,999 total shares
of common stock issued and outstanding in all share classes, including
and in addition to Treasury shares, calculated annually as of September
30 of the preceding year; and
    (2) non-U.S. companies that have 160 million to 269,999,999 shares
of an equity security issued and outstanding in the U.S., calculated
annually as of September 30 of the preceding year.
    The methodology used in determining the number of shares issued and
outstanding for purposes of eligibility for Tier One or Tier Two would
be the same as under the current rule.
Proposal To Adjust Entitlements of Currently Listed Companies After
January 1
    The Exchange proposes to grant enhanced eligibility for products
and services under Section 907.00 to companies that become eligible
during the course of a calendar year. In the event that a U.S. issuer
or non-U.S. company completes a corporate action during the course of a
calendar year for which its eligibility for services is being
determined and that corporate action increases the number of shares it
has outstanding, the Exchange would calculate its outstanding shares
immediately after such corporate action and determine whether it has
become eligible to receive Tier One or Tier Two

services. If eligible, the Exchange would offer such services for the
remainder of that calendar year, with such eligibility commencing as of
the beginning of the following calendar month.
Period of Eligibility for Whistleblower Services
    The Exchange currently provides all listed issuers with
complimentary access to whistleblower hotline services (with a
commercial value of approximately $4,000 annually) for a period of 24
calendar months. The Exchange proposes to extend this period of
eligibility to 48 months.
    The specific tools and services offered to Eligible New Listings
and Eligible Transfer Companies and eligible currently listed companies
as part of the complimentary offering limited to those categories of
issuers under Section 907.00 are provided solely by third-party
vendors. In deciding which complimentary products and services to
provide, the NYSE considers the quality of competing products and
services and the needs of its listed issuers in selecting the vendors.
The NYSE may change vendors from time to time based on this ongoing
review of the products and services provided by current vendors and its
willingness to change vendors is consistent with competition for vendor
services.
    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In this regard, NYSE notes
that it may choose to use multiple vendors for the same type of product
or service. The NYSE also notes that, from time to time, issuers elect
to purchase products and services from other vendors at their own
expense instead of accepting the products and services described above
offered by the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act'')
generally.\14\ Section 6(b)(4) \15\ requires that exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its members and issuers and other persons using the
facilities of an exchange. Section 6(b)(5) \16\ requires, among other
things, that exchange rules promote just and equitable principles of
trade and that they are not designed to permit unfair discrimination
between issuers, brokers, or dealers. Section 6(b)(8) \17\ prohibits
any exchange rule from imposing any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ 15 U.S.C. 78f(b)(8).
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    The NYSE faces competition in the market for listing services, and
competes, in part, by offering valuable services to companies. The
Exchange believes that it is reasonable to offer complimentary services
to attract and retain listings as part of this competition.
    The Exchange does not believe that the proposal to modify the suite
of complimentary products and services it provides to eligible listed
companies harms the market for those products and services in a way
that constitutes a burden on competition or an inequitable allocation
of fees or fails to promote just and equitable principles of trade, in
a manner inconsistent with the Act. The specific tools and services
offered to eligible listed companies as part of the complimentary
offering under Section 907.00 are provided solely by third-party
vendors. As noted above, issuers are not required to utilize the
complimentary products and services and some issuers have selected
competing products and services. The NYSE believes that its
consideration of quality and the needs of its listed issuers in
selecting the vendors and its willingness to change vendors is
consistent with competition for vendor services. In this regard, the
NYSE notes that it may choose to use multiple vendors for the same type
of product or service. The NYSE also notes that, from time to time,
issuers elect to purchase products and services from other vendors at
their own expense instead of accepting the products and services
described above offered by the Exchange.
    The proposed rule amendments make a number of adjustments in the
types and levels of products and services provided to companies. Those
adjustments are minor in nature and generally reflect changes in which
the service providers on which the Exchange relies package their
products and services. Nor is there any significant change in the
overall value of the services to which any company would be entitled.
Consequently, the Exchange believes that the proposed amendments to the
available products and services, and the terms on which they are
offered, represent an equitable allocation of the services provided
under the rule and is not unfairly discriminatory.
    The proposed rule amendments provide that (i) Eligible New Listings
and Eligible Transfers that qualify for Tier A; and (ii) currently
listed companies that qualify for Tier One will, in each case, be
eligible to choose different levels of services from the different
categories subject to a maximum overall value of services used. The
Exchange believes that this approach is not unfairly discriminatory as
it simply provides companies with appropriate flexibility in choosing
the types and levels of service that best meet their needs while
ensuring that all qualified companies within a tier are entitled to
receive the same dollar value of services.
    The proposed rule amendments provide for the ability of companies
to qualify for Tier One or Tier Two services during the course of a
calendar year and receive those services on a prorated basis for the
balance of that calendar year. As these companies would only become
eligible if they met the same shares outstanding requirements as
companies that were already receiving the services of the applicable
tier, the Exchange believes that this proposed amendment represents an
equitable allocation of the services provided under the rule and is not
unfairly discriminatory.
    Finally, the Exchange also believes it is reasonable to balance its
need to remain competitive with other listing venues, while at the same
time ensuring adequate revenue to meet its regulatory responsibilities.
The Exchange notes that no other company will be required to pay higher
fees because of this proposal, and it represents that providing the
proposed services will have no impact on the resources available for
its regulatory programs.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As noted above, the Exchange
faces competition in the market for listing services, and competes, in
part, by offering valuable services to companies. The proposed rule
change reflects that competition, but it does not impose any burden on
the competition with other exchanges. Rather, the Exchange believes the
proposed changes will enhance competition for listings, as it will
increase the competition for new listings and the listing of companies
that are currently listed on other exchanges. Other exchanges can also
offer similar services to companies, thereby

increasing competition to the benefit of those companies and their
shareholders. Accordingly, the Exchange does not believe the proposed
rule change will impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act.
    In addition, the Exchange does not believe that the proposal to
modify the suite of complimentary products and services it provides to
eligible listed companies will impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
In this regard, the NYSE notes that the specific tools and services
offered to eligible listed companies as part of the complimentary
offering limited to those categories of issuers under Section 907.00
are provided solely by third-party vendors. In addition, the NYSE may
choose to use multiple vendors for the same type of product or service.
The NYSE also notes that currently listed and newly listed companies
would not be required to accept the offered products and services from
the NYSE, and an issuer's receipt of an NYSE listing is not conditioned
on the issuer's acceptance of such products and services. In addition,
the NYSE notes that, from time to time, issuers elect to purchase
products and services from other vendors at their own expense instead
of accepting the products and services described above offered by the
Exchange.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSE-2021-68 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2021-68. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2021-68 and should be
submitted on or before January 19, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
 [FR Doc. 2021-28326 Filed 12-28-21; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65236-65239]
[FR Doc No: 2020-21146]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0220; FRL-10015-04-Region 1]

Air Plan Approval; Massachusetts; Reasonably Available Control
Technology for the 2008 and 2015 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Massachusetts. The SIP revision consists of a demonstration that
Massachusetts meets the requirements of reasonably available control
technology (RACT) for the two precursors for ground-level ozone, oxides
of nitrogen (NOX) and volatile organic compounds (VOCs), set
forth by the Clean Air Act (CAA or Act) with respect to the 2008 and
2015 ozone National Ambient Air Quality Standards (NAAQSs or
standards). Additionally, we are approving specific regulations that
implement the RACT requirements by limiting air emissions of
NOX and VOC pollutants from sources within the Commonwealth.
This action is being taken in accordance with the Clean Air Act.

DATES: This rule is effective on November 16, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0220. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel.
617-918-1584, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 3, 2020 (85 FR 46581), EPA issued a notice of proposed
rulemaking (NPRM) for the Commonwealth of Massachusetts. In the NPRM,
EPA proposed approval of a SIP revision submitted by Massachusetts on
October 18, 2018 and revised by Massachusetts on May 28, 2020. The SIP
revision contains a certification that Massachusetts has met all RACT
requirements for the 2008 and 2015 8-hour ozone NAAQSs, negative
declarations for ten Control Technique Guidelines (CTGs), and the
following changes to Title 310 Code of Massachusetts Regulations (CMR):
Revised section 7.00, Definitions; revised 7.00 Appendix B: Emission
Banking, Trading, and Averaging, subsection (4)(b) Applicability
revised section 7.08(2), Municipal Waste Combustors; revised section
7.18, VOC RACT subsections (3) Metal Furniture Surface Coating, (5)
Large Appliance Surface Coating, (11) Surface Coating of Miscellaneous
Metal Parts and Products, (12) Packaging Rotogravure and Packaging
Flexographic Printing, (14) Paper, Film and Foil Surface Coating, (21)
Surface Coating of Plastic Parts, (24) Flat Wood Paneling Surface
Coating, (25) Offset Lithographic Printing Letterpress Printing;
withdrawal of section 7.18(7), Automobile Surface

Coating; adding 7.18, VOC RACT subsections (31) Industrial Cleaning
Solvents and (32) Fiberglass Boat Manufacturing; revised section 7.19,
NOX RACT subsections (2) General Provisions, (4) Large
Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7) Stationary
Combustion Turbines, (8) Stationary Reciprocating Internal Combustion
Engines, and (9) Municipal Waste Combustor Units, and adding 310 CMR
7.26, Industry Performance Standards subsections (20) through (25) and
(27) through (29) Environmental Results Program for Lithographic,
Gravure, Letterpress, and Flexographic Printing.
    The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here.

II. Public Comment

    EPA received one comment in response to the NPRM. The comment is
outside the scope of a RACT SIP action, does not explain (or provide a
legal or technical basis for) how the proposed action should differ in
any way, and makes no specific mention of the proposed action; the
comment is not germane.

III. Final Action

    EPA is approving the Massachusetts SIP revision as meeting the
Commonwealth's RACT obligations for the 2008 and 2015 8-hour ozone
NAAQSs as set forth in sections 182(b), 182(f) and 184(b)(2) of the
CAA, and is adding to the SIP the Commonwealth's submission entitled
``Reasonably Available Control Technology State Implementation Plan
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards''
and ``RACT SIP Revision'' dated October 18, 2018 and May 28, 2020
respectively. EPA is approving negative declarations for nine CTG
categories: (1) Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds; (2) Leaks from Petroleum
Refinery Equipment; (3) Manufacture of Synthesized Pharmaceutical
Products; (4) Manufacture of Pneumatic Rubber Tires; (5) Large
Petroleum Dry Cleaners; (6) Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins; (7) Equipment Leaks from Natural
Gas/Gasoline Processing Plants; (8) Air Oxidation Processes; and (9)
Surface Coating of Automobiles and Light-Duty Trucks. A tenth negative
declaration, which applies to the Oil and Natural Gas Industry CTG, was
approved by EPA on August 21, 2020 (85 FR 51666). EPA is also approving
Title 310 CMR changes to the Massachusetts SIP, as follows: Revised
section 7.00, Definitions; revised 7.00 Appendix B: Emission Banking,
Trading, and Averaging, subsection (4)(b) Applicability; revised
section 7.08(2), Municipal Waste Combustors; revised section 7.18, VOC
RACT subsections (2) Compliance with Emission Limitations, (3) Metal
Furniture Surface Coating, (5) Large Appliance Surface Coating, (11)
Surface Coating of Miscellaneous Metal Parts and Products, (12)
Packaging Rotogravure and Packaging Flexographic Printing, (14) Paper,
Film and Foil Surface Coating, (20) Emission Control Plans for
Implementation of RACT, (21) Surface Coating of Plastic Parts, (24)
Flat Wood Paneling Surface Coating, (25) Offset Lithographic Printing
Letterpress Printing, and (30) Adhesives and Sealants; withdrawal of
7.18, section (7) Automobile Surface Coating; addition of 7.18 VOC
RACT, subsections (1)(g) and (h), (31) Industrial Cleaning Solvents,
and (32) Fiberglass Boat Manufacturing; revised section 7.19,
NOX RACT subsections (1) Applicability, (2) General
Provisions, (3) Emission Control Plans for Implementation of RACT, (4)
Large Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7)
Stationary Combustion Turbines, (8) Stationary Reciprocating Internal
Combustion Engines, and (9) Municipal Waste Combustor Units; and
addition of 310 CMR 7.26, Industry Performance Standards, subsections
which incorporate an Environmental Results Program for Lithographic,
Gravure, Letterpress, and Flexographic Printing: subsections (20)
through (25), (27), (28) except (28)(a), and (29).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Massachusetts regulations described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 1 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the state implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     [Igr]s not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 14, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 17, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the EPA amends part 52 of
chapter I, title 40 of the Code of Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart W--Massachusetts

0
2. In Sec.  52.1120:
0
a. Amend the table in paragraph (c) by revising the entries for ``310
CMR 7.00 Definitions'', ``310 CMR 7.00 Appendix B Emission Banking,
Trading, and Averaging'', ``310 CMR 7.08 Incinerators. Municipal Waste
Combustors 310 CMR 7.08(2)'', ``310 CMR 7.18 Volatile and Halogenated
Organic Compounds'', ``310 CMR 7.19 Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)'',
and ``310 CMR 7.26 ``Industry Performance Standards''.
0
b. Amend the table in paragraph (e) by adding a provision for
``Reasonably Available Control Technology State Implementation Plan
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards and
RACT SIP Revision'' at the end of the table.
    The additions and revisions read as follows:

Sec.  52.1120  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
     State citation           Title/subject     State effective date    EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
310 CMR 7.00............  Definitions.........  3/9/2018 and 3/20/    10/15/2020 [Insert    Approved 90 new
                                                 2020.                 Federal Register      definitions,
                                                                       citation].            updated 6
                                                                                definitions, and
                                                                                deleted definitions
                                                                                for: Automotive
                                                                                Surface Coating,
                                                                                Manufacturing
                                                                                Plant, and Propanol
                                                                                Substitute.

                                                  * * * * * * *
310 CMR 7.00 Appendix B.  Emission Banking,     3/9/2018............  10/15/2020 [Insert    Revises (4)(b)
                           Trading, and                                Federal Register      Applicability.
                           Averaging.                                  citation].

                                                  * * * * * * *
310 CMR 7.08............  Incinerators.         3/20/2020...........  10/15/2020 [Insert    ....................
                           Municipal Waste                             Federal Register
                           Combustors 310 CMR                          citation].
                           7.08(2).

                                                  * * * * * * *
310 CMR 7.18............  Volatile and          3/20/2020...........  10/15/2020 [Insert    Withdraws subsection
                           Halogenated Organic                         Federal Register      (7) Automobile
                           Compounds.                                  citation].            Surface Coating;
                                                                                adds new
                                                                                subsections (1)(g)
                                                                                and (h), (31)
                                                                                Industrial Cleaning
                                                                                Solvents, (32)
                                                                                Fiberglass Boat
                                                                                Manufacturing;
                                                                                revises subsections
                                                                                (2) Compliance with
                                                                                Emission
                                                                                Limitations, (3)
                                                                                Metal Furniture
                                                                                Surface Coating,
                                                                                (5) Large Appliance
                                                                                Surface Coating,
                                                                                (11) Surface
                                                                                Coating of
                                                                                Miscellaneous Metal
                                                                                Parts and Products,
                                                                                (12) Packaging
                                                                                Rotogravure and
                                                                                Packaging
                                                                                Flexographic
                                                                                Printing, (14)
                                                                                Paper, Film and
                                                                                Foil Surface
                                                                                Coating, (20)
                                                                                Emission Control
                                                                                Plans for
                                                                                Implementation of
                                                                                Reasonably
                                                                                Available Control
                                                                                Technology, (21)
                                                                                Surface Coating of
                                                                                Plastic Parts, (24)
                                                                                Flat Wood Paneling
                                                                                Surface Coating,
                                                                                (25) Offset
                                                                                Lithographic
                                                                                Printing; and adds
                                                                                subsections, (30)
                                                                                Adhesives and
                                                                                Sealants.
310 CMR 7.19............  Reasonably Available  3/20/2020...........  10/15/2020 [Insert    Revises subsection
                           Control Technology                          Federal Register      (1) Applicability,
                           (RACT) for Sources                          citation].            (2) General
                           of Oxides of                                                      Provisions, (3)
                           Nitrogen (NOX).                                                   Emission Control
                                                                                Plans for
                                                                                Implementation of
                                                                                RACT, (4) Large
                                                                                Boilers, (5) Medium-
                                                                                size Boilers, (6)
                                                                                Small Boilers, (7)
                                                                                Stationary
                                                                                Combustion
                                                                                Turbines, (8)
                                                                                Stationary
                                                                                Reciprocating
                                                                                Internal Combustion
                                                                                Engines, and (9)
                                                                                Municipal Waste
                                                                                Combustor Units.

                                                  * * * * * * *
310 CMR 7.26............  Industry Performance  3/9/2018............  10/15/2020 [Insert    Adds Environmental
                           Standards.                                  Federal Register      Results Program for
                                                                       citation].            Lithographic,
                                                                                Gravure,
                                                                                Letterpress, and
                                                                                Flexographic
                                                                                Printing
                                                                                subsections 20
                                                                                through 25 and 27
                                                                                through 29, except
                                                                                28(a).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                          Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                                               State submittal
  Name of non regulatory SIP      Applicable geographic or      date/effective    EPA approved     Explanation
          provision                  nonattainment area              date             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reasonably Available Control   Statewide.....................  Submitted 10/18/ 10/15/2020       Includes
 Technology State                                               2018 and 5/28/   [Insert          negative
 Implementation Plan Revision                                   2020.            Federal          declarations
 2008 and 2015 Ozone National                                                    Register         for 10 CTGs.
 Ambient Air Quality                                                             citation].
 Standards and RACT SIP
 Revision.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-21146 Filed 10-14-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54259-54264]
[FR Doc No: 2018-23002]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0334; FRLc-9983-29]

Pyroxasulfone; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes tolerances for residues of
pyroxasulfone in or on multiple commodities which are identified and
discussed later in this document. In addition, the established
pyroxasulfone tolerance on cotton, undelinted seed is removed.
Interregional Research Project Number 4 (IR-4) requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 29, 2018. Objections and
requests for hearings must be received on or before December 28, 2018,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2017-0334, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0334 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
December 28, 2018. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2017-0334, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of October 23, 2017 (82 FR 49020) (FRL-
9967-37), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petitions (PP
7E8570 & 7E8585) by IR-4 Headquarters, Rutgers, The State University of
New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540.
The petitions requested that 40 CFR 180.659 be amended as follows:
    a. Amend 180.659(a)(1), by establishing a tolerance for residues of
the herbicide pyroxasulfone, including its metabolites and degradates,
determined by measuring only the sum of pyroxasulfone, 3-[[[5-
(difluoromethoxy)-1-methyl-3-(trifluoromethyl)-1 H-pyrazol-4-
yl]methyl]sulfonyl]-4,5-dihydro-5,5-dimethylisoxazole, and its
metabolite, 5-(difluoromethoxy)-1-methyl-3-(trifluoromethyl)-1 H-
pyrazol-4-carboxylic acid (M-3), calculated as the stoichiometric
equivalent of pyroxasulfone, in or on the commodity: Cottonseed
subgroup 20C at 0.04 parts per million (ppm). In addition, the
petitioner requested removal of the established tolerance on Cotton,
undelinted seed at 0.04 ppm (PP 7E8585).
    b. Amend 180.659(a)(5) by establishing a tolerance for residues of
the herbicide pyroxasulfone, including its metabolites and degradates,
determined by measuring only the sum of pyroxasulfone, (3-[(5-
difluoromethoxy-1-methyl-3-(trifluoromethyl)pyrazol-4-
ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2-oxazole), and its
metabolites, M-1 (5-difluoromethoxy-1-methyl-3-trifluoromethyl-1H-
pyrazol-4-yl) methanesulfonic acid), M-3 (5-difluoromethoxy-1-methyl-3-
trifluoromethyl-1H-pyrazol-4-carboxylic acid), M-25 (5-difluoromethoxy-
3-trifluoromethyl-1H-pyrazol-4-yl)methanesulfonic acid) and M-28 (3-[1-
carboxy-2-(5,5-dimethyl-4,5-dihydroisoxazol-3-ylthio)ethylamino]-3-
oxopropanoic acid) calculated as the stoichiometric equivalent of
pyroxasulfone, in or on the commodities: Peppermint, oil at 0.48 ppm;
peppermint, tops at 0.15 ppm; spearmint, oil at 0.48 ppm; spearmint,
tops at 0.15 ppm; soybean, vegetable, succulent at 0.2 ppm (PP 7E8570);
and Leaf petiole vegetable subgroup 22B at 0.3 ppm (PP 7E8585).
    c. Amend 180.659(c) Tolerances with regional registrations, by
establishing a tolerance for residues of the herbicide pyroxasulfone,
including its metabolites and degradates, determined by measuring only
the sum of pyroxasulfone, (3-[(5-difluoromethoxy-1-methyl-3-
(trifluoromethyl)pyrazol-4-ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-
1,2-oxazole), and its metabolites, M-1 (5-difluoromethoxy-1-methyl-3-
trifluoromethyl-1H-pyrazol-4-yl) methanesulfonic acid), M-3 (5-
difluoromethoxy-1-methyl-3-trifluoromethyl-1H-pyrazol-4-carboxylic
acid), M-25 (5-difluoromethoxy-3-trifluoromethyl-1H-pyrazol-4-
yl)methanesulfonic acid) and M-28 (3-[1-carboxy-2-(5,5-dimethyl-4,5-
dihydroisoxazol-3-ylthio)ethylamino]-3-oxopropanoic acid) calculated as
the stoichiometric equivalent of pyroxasulfone, in or on the
commodities: Grass, forage at 0.5 ppm and grass, hay at 1.0 ppm (PP
7E8570).
    These documents referenced a summary of each petition prepared by
K-1 Chemical, USA Inc., the registrant, that are available in the
docket, http://www.regulations.gov.
    One comment was received on the notice of filings. EPA's response
to the comment is discussed in Unit IV.C.
    Consistent with the authority in FFDCA 408(d)(4)(A)(i), EPA is
issuing tolerances that vary from what the petitioner sought. The
reasons for these changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for pyroxasulfone including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with pyroxasulfone
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as

well as the relationship of the results of the studies to human risk.
EPA has also considered available information concerning the
variability of the sensitivities of major identifiable subgroups of
consumers, including infants and children.
    The toxicology database for pyroxasulfone is adequate for
evaluating and characterizing toxicity and selecting endpoints for
purposes of this risk assessment. Pyroxasulfone acute toxicity to
mammals is low by all routes of exposure. Subchronic and chronic oral
studies in mice, rats and dogs produced a variety of effects including
cardiac toxicity (increased cardiomyopathy), liver toxicity
(centrilobular hepatocellular hypertrophy, histopathological and/or
clinical pathological indicators), kidney toxicity (nephropathy),
neurotoxicity (impaired hind limb function, ataxia, tremors, sciatic
nerve lesions, axonal/myelin degeneration in the sciatic nerve and
spinal cord sections), skeletal muscle myopathy, urinary bladder
mucosal hyperplasia, and urinary bladder transitional cell papillomas.
Dogs appear to be the most sensitive species in regard to neurotoxic
effects of pyroxasulfone via the oral route. Cardiac toxicity (myofiber
degeneration and local inflammation) were also seen in a rat dermal
toxicity study. Pyroxasulfone did not elicit immunotoxic effects in
rats or mice. Neurotoxicity was seen in a developmental neurotoxicity
study in offspring rats (decreased brain weight, decreased thickness of
the hippocampus, corpus callosum and cerebellum). There is evidence of
fetal and offspring quantitative susceptibility in the developmental
neurotoxicity study in rats as effects occurred in the absence of
maternal toxicity. There is no concern for reproductive toxicity.
    Pyroxasulfone is classified as ``Not Likely to be Carcinogenic to
Humans'' at doses that do not cause crystals with subsequent calculi
formation resulting in cellular damage of the urinary tract. The Agency
has determined that the quantification of risk using a non-linear
approach (i.e., reference dose (RfD)) will adequately account for all
chronic toxicity, including carcinogenicity, that could result from
exposure to pyroxasulfone.
    Specific information on the studies received and the nature of the
adverse effects caused by pyroxasulfone as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document titled, ``SUBJECT: Pyroxasulfone Human
Health Risk Assessment for the Section 3 New Uses of Pyroxasulfone on
Mint, Edamame (vegetable soybean), Grass (seed crop) for the Pacific
Northwest only, Leaf Petiole Vegetable Subgroup 22B and Expansion of
Cottonseed Subgroup 20C,'' at pages 34-79 in docket ID number EPA-HQ-
OPP-2017-0334.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.
    A summary of the toxicological endpoints for pyroxasulfone used for
human risk assessment is discussed in Unit III of the final rule
published in the Federal Register of May 17, 2018 (83 FR 22854) (FRL-
9977-25).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to pyroxasulfone, EPA considered exposure under the
petitioned-for tolerances as well as all existing pyroxasulfone
tolerances in 40 CFR 180.659. EPA assessed dietary exposures from
pyroxasulfone in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    Such effects were identified for pyroxasulfone. In estimating acute
dietary exposure, EPA used 2003-2008 food consumption data from the
United States Department of Agriculture's (USDA) National Health and
Nutrition Survey/What We Eat in America (NHANES/WWEIA). As to residue
levels in food, EPA assumed 100 percent crop treated (PCT) and
tolerance-level residues adjusted for metabolites that are not in the
tolerance expression, except for soybean and subgroup 22B commodities,
for which EPA used anticipated residues from field trial data.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the 2003-2008 food consumption data from the USDA's
NHANES/WWEIA. As to residue levels in food, EPA assumed 100 PCT and
tolerance level residues that were adjusted for metabolites not in the
tolerance expression, except for soybean and subgroup 22B commodities,
for which EPA used anticipated residues from field trial data.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that a nonlinear RfD approach is appropriate for assessing
cancer risk to pyroxasulfone. Cancer risk was assessed using the same
exposure estimates as discussed in Unit III.C.1.ii., chronic exposure.
    iv. Anticipated residue and percent crop treated (PCT) information.
EPA did not use PCT information in the dietary assessment for
pyroxasulfone; 100% CT was assumed for all food commodities. Tolerance-
level residues were used for all commodities except soybean and
subgroup 22B commodities, for which EPA used anticipated residues from
field trial data.
    Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data
and information on the anticipated residue levels of pesticide residues
in food and the actual levels of pesticide residues that have been
measured in food. If EPA relies on such information, EPA must require
pursuant to FFDCA section 408(f)(1) that data be provided 5 years after
the tolerance is established, modified, or left in effect,
demonstrating that the levels in food are not above the levels
anticipated. For the present action, EPA will issue such data call-ins
as are required by FFDCA section 408(b)(2)(E) and authorized under
FFDCA section 408(f)(1). Data will be required to be submitted no later
than 5 years from the date of issuance of these tolerances.

    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for pyroxasulfone in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of pyroxasulfone. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.
    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling
System (PRZM/EXAMS) and Pesticide Root Zone Model Ground Water (PRZM
GW), the estimated drinking water concentrations (EDWCs) of
pyroxasulfone for acute exposures are estimated to be 16.7 parts per
billion (ppb) for surface water and 210 ppb for ground water. EDWCs of
pyroxasulfone for chronic exposures for non-cancer assessments are
estimated to be 4.5 ppb for surface water and 174 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 210 ppb was used to assess
the contribution to drinking water. For chronic dietary risk
assessment, the water concentration value of 174 ppb was used to assess
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Pyroxasulfone is not registered for any specific use patterns that
would result in residential exposure.
    Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found pyroxasulfone to share a common mechanism of
toxicity with any other substances, and pyroxasulfone does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
pyroxasulfone does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at EPA's
website at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. Pyroxasulfone did not
exhibit developmental toxicity in the rat guideline study at the limit
dose of 1,000 mg/kg/day and it exhibited slight developmental toxicity
in rabbits (reduced fetal weight and resorptions) at the limit dose of
1,000 mg/kg/day. However, developmental effects (decreased brain weight
and morphometric changes) were noted in offspring at 300 mg/kg/day in
the rat developmental neurotoxicity (DNT) study compared to no maternal
toxicity at 900 mg/kg/day. In a reproductive toxicity in rats, reduced
pup weight and body weight gains during lactation occurred at similar
or higher doses causing pronounced maternal toxicity (reduced body
weight, body weight gain and food consumption and increased kidney
weight, cardiomyopathy and urinary bladder mucosal hyperplasia with
inflammation).
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1x. That decision is based on the following
findings:
    i. The toxicity database for pyroxasulfone is complete.
    ii. The neurotoxicity database, including acute, subchronic and
chronic studies, shows adverse effects from pyroxasulfone exposure in
mice, rats and dogs, with the latter species showing greatest
sensitivity. Although the DNT study indicated offspring are more
sensitive to neurotoxic effects of pyroxasulfone, the dose-response is
well characterized for neurotoxicity and a NOAEL is identified;
therefore, there is no residual uncertainty with regard to neurotoxic
effects for which a 10X must be retained.
    iii. As noted in Unit III.D.2., the available database shows
evidence of increased susceptibility of fetuses and offspring in a DNT
study in rats and in a developmental study in rabbits following in
utero or post-natal exposure to pyroxasulfone. The Agency concludes,
however, that there is no residual uncertainty concerning these
effects. The available studies show clear NOAELs and LOAELs for these
effects, which are occurring only at doses much higher than the
endpoints on which the Agency is regulating.
    iv. There are no residual uncertainties in the exposure databases.
The dietary food exposure assessments were performed based on 100 PCT
and tolerance-level residues or residues based on field trials. EPA
made conservative (protective) assumptions in the ground and surface
water modeling used to assess exposure to pyroxasulfone in drinking
water. These assessments will not underestimate the exposure and risks
posed by pyroxasulfone.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure analysis, the risk estimate for acute dietary
exposure from food and water to pyroxasulfone is at 3.7% of the aPAD
for all infants less than 1 year old, the population group receiving
the greatest exposure. The

acute dietary risk is not of concern (<100% aPAD).
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure analysis, EPA has concluded that risk
estimates for chronic exposure to pyroxasulfone from food and water are
not of concern (<100% cPAD) with a risk estimate at 50% of the cPAD for
all infants less than 1 year old, the population group receiving the
greatest exposure. There are no residential uses for pyroxasulfone.
    3. Short-and intermediate term risk. Short- and intermediate-term
adverse effects were identified; however, pyroxasulfone is not
registered for any use patterns that would result in short- or
intermediate-term residential exposure. Short- and intermediate-term
risk is assessed based on short- and intermediate-term residential
exposure plus chronic dietary exposure. Because there is no short- or
intermediate-term residential exposure and chronic dietary exposure has
already been assessed under the appropriately protective cPAD (which is
at least as protective as the POD used to assess short-term risk), no
further assessment of short- or intermediate-term risk is necessary,
and EPA relies on the chronic dietary risk assessment for evaluating
short- and intermediate-term risk for pyroxasulfone.
    4. Aggregate cancer risk for U.S. population. As explained in Unit
III.A., the Agency has determined that the quantification of risk using
a non-linear (i.e., RfD) approach will adequately account for all
chronic toxicity, including carcinogenicity, that could result from
exposure to pyroxasulfone. Therefore, based on the results of the
chronic risk assessment discussed in Unit III.E.2., pyroxasulfone is
not expected to pose a cancer risk to humans.
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to pyroxasulfone residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (high performance liquid
chromatography/triple quadrupole mass spectrometry (LC/MS/MS)) is
available to enforce the tolerance expression.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint 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 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for residues of pyroxasulfone
in or on any of the petitioned-for commodities associated with this
regulatory action.

C. Response to Comments

    One anonymous public comment was received that expressed concerns
about the cost of EPA regulations to tax payers and corporations. This
comment did not raise any issue relevant to the Agency's safety
determination for this tolerance action. Section 408 of the Federal
Food, Drug and Cosmetic Act (FFDCA) allows EPA to set tolerances for
residues of pesticide chemicals when it determines that the tolerance
meets the safety standard imposed by that statute. EPA has made that
determination for the pyroxasulfone tolerances established by this
final rule.

D. Revisions to Petitioned-For Tolerances

    EPA calculated tolerance levels using the Organization for Economic
Cooperation and Development (OECD) tolerance calculation procedures,
available field trial residue data, and metabolite concentrations
covered to parent equivalents. The Agency is also harmonizing with
relevant Canadian MRLs. In addition, the Agency is using commodity
terminology consistent with the terms generally used for tolerances.
    As a result, the Agency is establishing tolerances that differ from
the petitioned-for tolerances as follows: (1) The proposed
pyroxasulfone tolerances on both Peppermint, oil and Spearmint, oil at
0.48 ppm are being established at 0.70 ppm; (2) the proposed
pyroxasulfone tolerances on both Peppermint, fresh leaves and
Spearmint, fresh leaves at 0.15 ppm are being each established at 0.20
ppm; and (3) the proposed tolerance on Leaf petiole vegetable subgroup
22B at 0.3 ppm is being established at 0.80 ppm.
    In addition, although the petitioner requested a tolerance on
Soybean, vegetable, succulent at 0.2 ppm, this term is broad and covers
two forms of vegetable soybean--Soybean, vegetable, succulent shelled,
and Vegetable, soybean, edible podded; therefore, to conform to the
Agency's commodity terminology for soybeans, the Agency is establishing
the tolerance requested as separate tolerances at 0.40 ppm for both
forms of succulent soybean vegetable.

V. Conclusion

    Therefore, tolerances are established for residues of
pyroxasulfone, including its metabolites and degradates, in or on
Cottonseed subgroup 20C at 0.04 ppm; Leaf petiole vegetable subgroup
22B at 0.80 ppm; Peppermint, fresh leaves at 0.20 ppm; Peppermint, oil
at 0.70 ppm; Soybean, vegetable, succulent shelled at 0.40 ppm;
Spearmint, fresh leaves at 0.20 ppm; Spearmint, oil at 0.70 ppm; and
Vegetable, soybean, edible podded at 0.40 ppm. In addition, tolerances
with regional registrations are established in or on Grass, forage at
0.50 ppm and Grass, hay 1.0 ppm. Lastly, the Agency is removing the
existing pyroxasulfone tolerance on Cotton, undelinted seed that is
superseded by this final rule.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) 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); or Executive Order 13771,
entitled ``Reducing Regulations and Controlling Regulatory Costs'' (82
FR 9339, February 3, 2017). 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 408(d), 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 408(n)(4). 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 12(d) 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. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 9, 2018.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.659:
0
a. In the table in paragraph (a)(1):
0
i. Remove the entry ``Cotton, undelinted seed'';
0
ii. Add alphabetically the commodity, ''Cottonseed subgroup 20C'';
0
b. In the table in paragraph (a)(5), add alphabetically the
commodities, ``Leaf petiole vegetable subgroup 22B''; ``Peppermint,
fresh leaves''; ``Peppermint, oil''; ``Soybean, vegetable, succulent
shelled''; ``Spearmint fresh leaves''; ``Spearmint, oil''; and
``Vegetable, soybean, edible podded''; and
0
c. Revise paragraph (c).
    The additions and revisions read as follows:

Sec.  180.659   Pyroxasulfone; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Cottonseed, subgroup 20C.....................................       0.04

                                * * * * *
------------------------------------------------------------------------

* * * * *
    (5) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Leaf petiole vegetable subgroup 22B..........................       0.80

                                * * * * *
Peppermint, fresh leaves.....................................       0.20
Peppermint, oil..............................................       0.70

                                * * * * *
Soybean, vegetable, succulent shelled........................       0.40
Spearmint, fresh leaves......................................       0.20
Spearmint, oil...............................................       0.70

                                * * * * *
Vegetable, soybean, edible podded............................       0.40

                                * * * * *
------------------------------------------------------------------------

* * * * *
    (c) Tolerance with regional registrations. Tolerances are
established for residues of the herbicide pyroxasulfone, including its
metabolites and degradates, in or on the commodities in the table
below. Compliance with the tolerance levels specified below is to be
determined by measuring only the sum of pyroxasulfone (3-[(5-
difluoromethoxy-1-methyl-3-(trifluoromethyl)pyrazol-4-
ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2-oxazole), and its
metabolites, M-1 (5-difluoromethoxy-1-methyl-3-trifluoromethyl-1H-
pyrazol-4-yl)methanesulfonic acid), M-3 (5-difluoromethoxy-1-methyl-3-
trifluoromethyl-1H-pyrazol-4-carboxylic acid), M-25 (5-difluoromethoxy-
3-trifluoromethyl-1H-pyrazol-4-yl)methanesulfonic acid) and M-28 (3-[1-
carboxy-2-(5,5-dimethyl-4,5-dihydroisoxazol-3-ylthio)ethylamino]-3-
oxopropanoic acid) calculated as the stoichiometric equivalent of
pyroxasulfone, in or on the commodity.

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Grass, forage................................................       0.50
Grass, hay...................................................        1.0
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-23002 Filed 10-26-18; 8:45 am]
 BILLING CODE 6560-50-P