Proposed Rule2023-15801
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (June 2023)
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
July 26, 2023
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 88 Issue 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48179-48180]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0069; FRL-10579-06-OCSPP]
Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (June 2023)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice 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 August 25, 2023.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0069, through the Federal eRulemaking
Portal 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 and 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>.
FOR FURTHER INFORMATION CONTACT: Madison Le, Biopesticides and
Pollution Prevention Division (BPPD) (7511M), main telephone number:
(202) 566-1400, email address: <a href="/cdn-cgi/l/email-protection#9fddcfcfdbd9cdd1f0ebf6fcfaecdffaeffeb1f8f0e9"><span class="__cf_email__" data-cfemail="ca889a9a8e8c9884a5bea3a9afb98aafbaabe4ada5bc">[email protected]</span></a>; or Charles Smith,
Registration Division (RD) (7505T), main telephone number: (202) 566-
2427, email address: <a href="/cdn-cgi/l/email-protection#5c0e181a0e123328353f392f1c392c3d723b332a"><span class="__cf_email__" data-cfemail="b6e4f2f0e4f8d9c2dfd5d3c5f6d3c6d798d1d9c0">[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 application 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/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</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 notice 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. Notice of Filing--Amended Tolerances for Non-Inerts
PP 2E9041. EPA-HQ-OPP-2023-0078. Interregional Research Project
Number 4 (IR-4), IR-4 Project Headquarters, North Carolina State
University, 1730 Varsity Drive, Venture
[[Page 48180]]
IV, Suite 210, Raleigh, NC 27606, requests to amend 40 CFR 180.672 by
removing the established tolerances for residues of the insecticide
cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-cyano-2-methyl-
6-[((methylamino)carbonyl]phenyl]-1H-pyrazole-5-carboxamide, including
its metabolites and degradates, in or on the following commodities:
Vegetable, legume, dried shelled, except soybean, subgroup 6C at 1.0
parts per million (ppm); vegetable, legume, edible podded, subgroup 6A
at 2.0 ppm; vegetable, legume, succulent shelled, subgroup 6B at 0.20
ppm; vegetable, foliage of legume, except soybean, group 7A at 40 ppm;
corn, field, grain at 0.01 ppm; corn, pop, grain, at 0.01 ppm; corn,
sweet, kernel plus cob with husks removed at 0.01 ppm; and rice, grain
at 0.02 ppm. Contact: RD.
B. New Tolerance Exemptions for Inerts (Except PIPs)
PP IN-11782. EPA-HQ-OPP-2023-0347. SciReg, Inc., 12733 Director's
Loop, Woodbridge, VA, 22192 on behalf of Bi-PA NV, requests to
establish an exemption from the requirement of a tolerance for residues
of cocamidopropyl betaine (CAS Reg. No. 61789-40-0) when used as an
inert ingredient in pesticide formulations applied under 40 CFR 180.920
at levels up to 10% w/w in pesticide formulations. 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 Tolerance Exemptions for Non-Inerts (Except PIPs)
1. PP 2F8989. EPA-HQ-OPP-2023-0149. UPL NA Inc., 630 Freedom
Business Center, Suite 402, King of Prussia, PA 19406, requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the plant growth regulator ascophyllum nodosum
concentrated extract when used as a plant growth regulator in or on all
raw agricultural commodities. The petitioner believes no analytical
method is needed because of the lack of toxicity and pathogenicity
demonstrated in the available toxicological data. Contact: BPPD.
2. PP 2F9034. EPA-HQ-OPP-2023-0291. Nufarm Americas, Inc., AGT
Division. 11901 S. Austin Avenue, Alsip, IL 60803, requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the nematicide, cis-jasmone (2-Cyclopenten-1-
one, 3-methyl-2-(2Z)-2-pentenyl) in or on all food commodities. The
petitioner believes no analytical method is needed because it is
expected that when used as proposed, cis-jasmone would not result in
residues of toxicological concern. Contact: BPPD.
D. New Tolerances for Non-Inerts
1. PP 0E8879. EPA-HQ-OPP-2023-0106. Bayer Crop Science P.O. Box
12014, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709,
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide triadimenol in or on coffee, green bean at 0.5 ppm. The
gas chromatography with mass spectrometry detection (GC/MS) methods I
and II are used to measure and evaluate the chemical triadimenol.
Contact: RD.
2. PP 2E9041. EPA-HQ-OPP-2023-0078. Interregional Research Project
Number 4 (IR-4), IR-4 Project Headquarters, North Carolina State
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC
27606 requests to establish tolerances in 40 CFR 180.672 for residues
of the insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-
N-[4-cyano-2-methyl-6-[((methylamino)carbonyl]phenyl]-1H-pyrazole-5-
carboxamide, including its metabolites and degradates, in or on the
following commodities: Edible podded bean subgroup 6-22A at 2 ppm;
edible podded pea subgroup 6-22B at 2 ppm; field corn subgroup 15-22C
at 0.01 ppm; forage and hay of legume vegetables (except soybeans)
subgroup 7-22A at 40 ppm; herb fresh leaves subgroup 25A at 40 ppm;
herb dried leaves subgroup 25B at 150 ppm; hops, dried cones at 70 ppm;
papaya at 1.5 ppm; pulses, dried shelled bean, except soybean, subgroup
6-22E at 1 ppm; pulses, dried shelled pea subgroup 6-22F at 1 ppm; rice
subgroup 15-22F at 0.02 ppm; spices crop group 26 at 80 ppm; succulent
shelled bean subgroup 6-22C at 0.3 ppm; succulent shelled pea subgroup
6-22D at 0.3 ppm; and sweet corn subgroup 15-22D at 0.01 ppm. LC/MS/MS
methods are available for the enforcement of tolerances for
cyantraniliprole residues of concern. Contact: RD.
3. PP 2F9038. EPA-HQ-OPP-2023-0308. BASF Corporation, 26 Davis
Drive, Research Triangle Park, NC 2770, requests to establish a
tolerance in 40 CFR part 180 for residues of the herbicide
pendimethalin in or on the tropical and subtropical fruit, medium to
large fruit, edible peel subgroup 23B at 0.1 ppm; fig, dried fruit at
3.0 ppm; and an inadvertent tolerance on cilantro, fresh leaves at 0.1
ppm. The method of aqueous organic solvent extraction, column clean up,
and quantitation by GC is used to measure and evaluate the chemical
pendimethalin and its 3,5-dinitrobenzyl alcohol metabolite. Contact:
RD.
Authority: 21 U.S.C. 346a.
Dated: July 18, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2023-15801 Filed 7-25-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 26, 2023.
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