[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33059-33060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0692; FRL-10009-29]


Receipt of a Pesticide Petition Filed for Residues of a Pesticide 
Chemical in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces EPA's receipt of an initial filing of 
a pesticide petition requesting the establishment or modification of 
regulations for residues of a pesticide chemical in or on various 
commodities.

DATES: Comments must be received on or before July 1, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
number EPA-HQ-OPP-2019-0692, 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 Confidential Business 
Information (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 https://www.epa.gov/dockets/where-send-comments-epa-docket.
    Please note that, due to the public health emergency, the EPA 
Docket Center (EPA/DC) and Reading Room was closed to public visitors 
on March 31, 2020. Our EPA/DC staff will continue to provide customer 
service via email, phone, and webform. For further information on EPA/
DC services, docket contact information, and the current status of the 
EPA/DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; main telephone number: (703) 305-7090; 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).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov 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

[[Page 33060]]

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 https://www.epa.gov/dockets/commenting-epa-dockets.
    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, EPA 
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 pesticide 
discussed in this document, compared to the general population.

II. What action is EPA 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 a pesticide chemical in 
or on various food commodities. EPA 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 support 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 http://www.regulations.gov.
    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 a pesticide chemical in or 
on various food commodities. Further information on the petition may be 
obtained through the petition summary referenced in this unit.
    PP 9F8780. Syngenta Crop Protection, LLC, 410 South Swing Rd., 
Greensboro, NC 27409, requests to amend an exemption from the 
requirement of a tolerance in 40 CFR 180.1254 to include residues of 
the fungicide Aspergillus flavus strain NRRL 21882 in or on all food 
and feed commodities of almond; corn, field; corn, pop; corn, sweet; 
peanut; and pistachio. The petitioner believes no analytical method is 
needed because a petition for an amendment to the currently existing 
exemption from tolerance for Aspergillus flavus strain NRRL 21882 has 
been submitted. Note: In the Federal Register of February 10, 2020 (85 
FR 7499) (FRL-10004-54), EPA announced the filing of this petition to 
amend an exemption from the requirement of a tolerance for residues of 
Aspergillus flavus strain NRRL 21882 to include residues in or on 
almond and pistachio. Since that time, the petitioner provided a 
revised petition requesting a revision to the existing tolerance 
exemption to include all food and feed commodities of almond; corn, 
field; corn, pop; corn, sweet; peanut; and pistachio. In order to give 
the public an opportunity to comment on this new information, EPA is 
republishing its receipt of this tolerance exemption petition filing 
with an updated and accurate description.

    Authority: 21 U.S.C. 346a.

    Dated: May 13, 2020.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2020-11574 Filed 5-29-20; 8:45 am]
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