Proposed Rule2024-02805
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 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
February 9, 2024
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 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9103-9105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02805]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0069; FRL-10579-12-OCSPP]
Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (December 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 March 11, 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: Madison H. Le, Biopesticides and
Pollution Prevention Division (BPPD) (7511M), main telephone number:
(202) 566-1400, email address: <a href="/cdn-cgi/l/email-protection#501200001416021e3f2439333523103520317e373f26"><span class="__cf_email__" data-cfemail="2f6d7f7f6b697d61405b464c4a5c6f4a5f4e01484059">[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#03514745514d6c776a606670436673622d646c75"><span class="__cf_email__" data-cfemail="f4a6b0b2a6ba9b809d979187b4918495da939b82">[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:
[[Page 9104]]
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 the 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 the 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 2E9037. EPA-HQ-OPP-2023-0077. Interregional Research Project #4
(IR-4), North Carolina State University, 1730 Varsity Drive, Venture
IV, Suite 210, Raleigh, NC 27606, requests, pursuant to section 408(d)
of the FFDCA, 21 U.S.C. 346a(d), to amend 40 CFR part 180 by
withdrawing the existing tolerance for residues of the insecticide
cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, including its metabolites and degradates, in or
on the raw agricultural commodity Vegetable, cucurbit, group 9 at 0.15
parts per million (ppm). Contact: RD.
B. New Tolerance Exemptions for Non-Inerts (Except PIPS)
1. PP 2F9043. EPA-HQ-OPP-2023-0503. Indigo Ag, Inc., 500 Rutherford
Ave., Charlestown, MA 02129, requests to establish an exemption from
the requirement of a tolerance in 40 CFR part 180 for residues of the
nematicide Pseudomonas oryzihabitans strain SYM23945 in or on all food
commodities. The petitioner believes no analytical method is needed
because genomic analysis and in-depth literature analysis indicate no
metabolites of concern are produced. Contact: BPPD.
2. PP 3F9071. EPA-HQ-OPP-2023-0621. Indigo Ag, Inc., 500 Rutherford
Ave., Charlestown, MA 02129, requests to establish an exemption from
the requirement of a tolerance in 40 CFR part 180 for residues of the
fungicide Bacillus aryabhattai strain SYM36613 in or on all food
commodities. The petitioner believes no analytical method is needed
because an exemption from the requirement of a tolerance is being
proposed. Contact: BPPD.
C. New Tolerances for Non-Inerts
1. PP 2E9037. EPA-HQ-OPP-2023-0077. IR-4, North Carolina State
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC
27606, requests, pursuant to section 408(d) of the FFDCA, 21 U.S.C.
346a(d), to amend 40 CFR part 180 by establishing a tolerance for
residues of the insecticide cyclaniliprole, 3-bromo-N-[2-bromo-4-
chloro-6-[[(1-cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-
pyridinyl)-1H-pyrazole-5-carboxamide, including its metabolites and
degradates, in or on the raw agricultural commodity vegetable,
cucurbit, group 9 at 0.3 ppm. Adequate analytical methods for
determining dodine in/on appropriate raw agricultural commodities and
processed commodities have been developed and validated. Contact: RD.
2. PP 2E9039. EPA-HQ-OPP-2023-0639. Bayer CropScience, AG, 800 N.
Lindbergh Blvd. St. Louis, MO 63141, requests to establish a tolerance
in 40 CFR part 180 for residues of the insecticide and miticide,
Spiromesifen, in or on oranges at 0.15 ppm and orange oil at 40 ppm.
The High-Performance Liquid Chromatography/mass spectrometry (LC/MS/MS)
is used to measure and evaluate the chemical residues of Spiromesifen
and residues of the metabolites, Spiromesifen-enol. Contact: RD.
3. PP 3E9052. EPA-HQ-OPP-2023-0259. IR-4, North Carolina State
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC
27606,
[[Page 9105]]
requests to establish tolerances in 40 CFR 180.622 for residues of the
fungicide, ethaboxam, (RS)-N-[cyano(2-thienyl)methyl]-4-ethyl-2-
(ethylamino)thiazole-5-carboxamid in or on the raw agricultural
commodity: Leaf petiole vegetable subgroup 22B at 0.15 parts per
million. An adequate enforcement methodology LC/MS/MS is available to
measure and evaluate the residues of ethaboxam to enforce the tolerance
expression. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: January 26, 2024.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2024-02805 Filed 2-8-24; 8:45 am]
BILLING CODE 6560-50-P
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