Proposed Rule2023-27780
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (November 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
December 19, 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 242 (Tuesday, December 19, 2023)</title>
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[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87733-87734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27780]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0069; FRL-10579-11-OCSPP]
Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (November 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 January 18, 2024.
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: Anne Overstreet, Biopesticides and
Pollution Prevention Division (BPPD) (7511M), main telephone number:
(202) 566-2425, email address: <a href="/cdn-cgi/l/email-protection#d39183839795819dbca7bab0b6a093b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="8fcddfdfcbc9ddc1e0fbe6eceafccfeaffeea1e8e0f9">[email protected]</span></a>; or Dan
Rosenblatt, Registration Division (RD) (7505T), main telephone number:
(202) 566-2875, email address: <a href="/cdn-cgi/l/email-protection#02504644504c6d766b616771426772632c656d74"><span class="__cf_email__" data-cfemail="eebcaaa8bca0819a878d8b9dae8b9e8fc0898198">[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/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
[[Page 87734]]
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 Inerts
PP IN-11655. EPA-HQ-OPP-2022-0850. Corteva Agriscience, 9330
Zionsville Road, Indianapolis, IN 46268, requests to amend the
tolerance descriptor under 40 CFR 180.560 for residues of cloquintocet-
mexyl (acetic acid, [(5-chloro-8-quniolinyl)oxy]-, 1-methylhexyl
ester)(CAS Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-
quinlinoxyacetic acid). Corteva is requesting that the active
ingredients listed in the tolerance expression be removed so that the
safener can be used in any herbicide formulation applied to the
commodities listed. There is no proposed change to the numerical
tolerance or the listed commodities under Sec. 180.560, as such, this
action will not change the magnitude of the residues already
established for this safener. Adequate enforcement methodologies have
already been published in the Federal Register on June 29, 2011 (76 FR
38035) (FRL-8877-2). The two enforcement methods available are High
Performance Liquid Chromatography with Ultraviolet Detection (HPLC-UV)
Method REM 138.01 for the determination of cloquintocet-mexyl (parent)
and the HPLC-UV Method REM 138.10 which allows for determination of its
acid metabolite. Contact: RD.
B. Notice of Filing--New Tolerance Exemptions for Non-Inerts (Except
PIPS)
PP 3F9054. EPA-HQ-OPP-2023-0561. GreenLight Biosciences, Inc. 200
Boston Ave., Suite 1000, Medford, MA 02155, requests to establish an
exemption from the requirement of a tolerance in 40 CFR part 180 for
residues of the miticide vadescana dsRNA in or on honey and honeycomb.
The petitioner believes no analytical method is needed based on the low
toxicity demonstrated in the available toxicological data. Contact:
BPPD.
C. Notice of Filing--New Tolerance Exemptions for PIPS
PP 3F9076. EPA-HQ-OPP-2022-0231. Bayer CropScience LP, 700
Chesterfield Pkwy W. Chesterfield, MO 63017, requests to establish an
exemption from the requirement of a tolerance in 40 CFR part 174 for
residues of the plant-incorporated protectants (PIPs) Bacillus
thuringiensis Vpb4Da2 and Brevibacillus laterosporus Mpp75Aa1.1 in or
on corn. The petitioner believes no analytical method is needed because
this petition is for a permanent exemption from the requirement of a
tolerance without numerical limitation. Contact: BPPD.
D. Notice of Filing--New Tolerances for Non-Inerts
1. PP3E9057. EPA-HQ-OPP-2023-0319. ISK Biosciences Corporation,
7470 Auburn Rd., Suite A, Concord, Ohio 44077, requests to establish
petition for import tolerance under FFDCA section 408(d)(1) for
residues of fluazinam and its metabolites and degradates in or on asian
pear. Import tolerances in 40 CFR part 180 for residues of the
fungicide, Fluazinam (CAS #79622-59-6) is 3-chloro-N-[3-chloro-2, 6-
dinitro-4-(trifluoromethyl)phenyl]-5-(trifluoromethyl)-2-pyridinamine.
Other identifiers are B1216, IKF 1216, and PP192. Contact: RD.
2. PP 3E9057. EPA-HQ-OPP-2023-0319. ISK Biosciences Corporation,
7470 Auburn Rd., Suite A, Concord, Ohio 44077, requests to establish an
import tolerance in 40 CFR part 180 for residues of the fungicide
fluazinam (3-chloro-N-[3-chloro-2,6-dinitro-4-(trifluoromethyl)phenyl]-
5-(trifluoromethyl)-2-pyridinamine) in or on pear, Asian at 0.2 parts
per million (ppm). Liquid chromatography tandem mass spectrometry (LC-
MS/MS) is used to measure and evaluate the chemical fluazinam and its
metabolite AMGT. Contact: RD.
3. PP 2F9038. EPA-HQ-OPP-2023-0308. BASF Corporation, 26 Davis
Drive, Research Triangle Park, NC, 27709, requests to establish a
tolerance in 40 CFR part 180 for residues of the herbicide
pendimethalin in or on the raw agricultural commodities fig at 0.1 ppm
and fig, dried at 3.0 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 (M455H025). Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: December 12, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2023-27780 Filed 12-18-23; 8:45 am]
BILLING CODE 6560-50-P
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