Proposed Rule2021-25417
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (November 2021)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 23, 2021
Issuing agencies
Environmental Protection Agency
Abstract
This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Full Text
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<title>Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)</title>
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[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66512-66514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25417]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2020-0053; FRL-8792-05-OCSPP]
Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (November 2021)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of filing of petition and request for comment.
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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.
DATES: Comments must be received on or before December 23, 2021.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition (PP) of interest as shown in the
body of this document, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Additional instructions on commenting or visiting the
docket, along with more information about dockets generally, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Due to the public health concerns related to COVID-19, the EPA/DC
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on the EPA/DC and docket
access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), main telephone
[[Page 66513]]
number: (703) 305-7090, email address: <a href="/cdn-cgi/l/email-protection#21736567736f4e5548424452614451400f464e57"><span class="__cf_email__" data-cfemail="a2f0e6e4f0eccdd6cbc1c7d1e2c7d2c38cc5cdd4">[email protected]</span></a>; or Charles
Smith, Biopesticides and Pollution Prevention Division (7511P), main
telephone number: (703) 305-7090, email address: <a href="/cdn-cgi/l/email-protection#c48694948082968aabb0ada7a1b784a1b4a5eaa3abb2"><span class="__cf_email__" data-cfemail="7b392b2b3f3d2935140f12181e083b1e0b1a551c140d">[email protected]</span></a>.
The mailing address for each contact person is: Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code. The division to contact
is listed at the end of each pesticide petition summary.
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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
<a href="http://regulations.gov">regulations.gov</a> or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/comments.html">https://www.epa.gov/dockets/comments.html</a>.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.
II. What action is the Agency taking?
EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the request before responding to the petitioner. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petition described in this document contains data or
information prescribed in FFDCA section 408(d)(2), 21 U.S.C.
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data supports granting of
the pesticide petition. After considering the public comments, EPA
intends to evaluate whether and what action may be warranted.
Additional data may be needed before EPA can make a final determination
on this pesticide petition.
Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notification of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.
A. Amended Tolerance Exemptions for Non-Inerts (Except PIPS)
1. PP 1F8916. (EPA-HQ-OPP-2021-0516). ICA TriNova, LLC. 1 Beavers
Street, Suite B, Newman, GA 30263, requests to amend the existing
exemption from the requirement for a tolerance for residues of chlorate
resulting from the application of gaseous chlorine dioxide as a
fungicide, bactericide, and antimicrobial at 40 CFR 180.1364 to include
residues in or on raw agricultural commodities from crop group 1 (root
and tuber vegetables), crop group 3 (bulb vegetables), crop group 8
(fruiting vegetables), crop group 9 (cucurbit vegetables), crop group
10 (citrus), crop group 11 (pome fruits), crop group 12 (stone fruits),
crop group 14 (tree nuts), crop group 16 (forage, fodder, and straw of
cereal grains), crop group 17 (grass forage, fodder, and hay), crop
group 18 (non-grass animal feeds), crop group 21 (edible fungi), crop
group 23 (tropical and subtropical fruits, medium and large, smooth
inedible peel). The petitioner believes no analytical method is needed
because the Agency is establishing an exemption from the requirement of
a tolerance without any numerical limitation. Contact: AD.
2. PP 1F8918 and PP 1F8928. (EPA-HQ-OPP-2021-0632). FBSciences,
Inc., 153 N Main St. Ste. 100, Collierville, TN 38017, requests to
amend an exemption from the requirement of a tolerance in 40 CFR
180.1321 for residues of the plant growth regulator, nematicide,
fungicide and insecticide complex polymeric polyhydroxy acids (CPPA) in
or on all food commodities. The petitioner believes no analytical
method is needed because the ingredient is currently exempt from the
requirement of a tolerance for two of the four proposed uses. No toxic
endpoints have been identified. Contact: BPPD.
B. New Tolerance Exemptions for Inerts (Except PIPS)
1. PP IN-11565. (EPA-HQ-OPP-2021-0642). Exponent, Inc., 1150
Connecticut Ave. NW, Suite 1100, Washington, DC 20036 on behalf of
Tygrus, LLC (1132 E Big Beaver Road, Troy, MI 48083) requests to
establish an exemption from the requirement of a tolerance for residues
of calcium sulfate (CAS Reg. No. 7778-18-9) for use as an inert
ingredient in antimicrobial formulations applied to food-contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils under 40 CFR 180.940(a), limited to
100 parts per million (ppm). The petitioner believes no analytical
method is needed because it is not required for an exemption from the
requirement of a tolerance. Contact: RD.
C. New Tolerances for Non-Inerts
PP 1E8946. (EPA-HQ-OPP-2021-0729). Syngenta Crop Protection, LLC,
[[Page 66514]]
410 Swing Road, P.O. Box 18300, Greensboro, NC 27419, requests to
establish import tolerances in 40 CFR part 180 for residues of the
fungicide, Azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-
4-yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of
Azoxystrobin (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate), in or on mango at 8 ppm; papaya
at 6 ppm; and palm, oil at 0.06 ppm. Gas chromatography with nitrogen-
phosphorus detection (GC-NPD) or in mobile phase by high performance
liquid chromatography with ultra-violet detection (HPLC-UV) is used to
measure and evaluate the chemical, Azoxystrobin and its Z isomer.
Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: November 10, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-25417 Filed 11-22-21; 8:45 am]
BILLING CODE 6560-50-P
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