[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Proposed Rules]
[Pages 83880-83881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28123]



40 CFR Parts 174 and 180

[EPA-HQ-OPP-2020-0053; FRL-10017-71]

Receipt of Several Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities (November 2020)

AGENCY: Environmental Protection Agency (EPA).

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


SUMMARY: This document announces the Agency's receipt of several 
initial filings of pesticide petitions 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 22, 2021.

ADDRESSES: Submit your comments, identified by the docket 
identification (ID) number and the pesticide petition (PP) of interest 
as shown in the body of this document, 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 
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (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 EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, 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: 
BPPDF[email protected].


[[Page 83881]]

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).

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 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 http://www.epa.gov/dockets/comments.html.
    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 its receipt of several pesticide petitions 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 174 and/or part 180 for residues of 
pesticide chemicals in or on various food commodities. The Agency is 
taking public comment on the requests before responding to the 
petitioners. EPA is not proposing any particular action at this time. 
EPA has determined that the pesticide petitions described in this 
document contain 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 petitions. 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 these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions 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 petitions so that the public has an 
opportunity to comment on these requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summaries referenced in this unit.

New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 9F8781. EPA-HQ-OPP-2019-0515. Valent BioSciences LLC, 870 
Technology Way, Libertyville, IL 60048, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the plant regulator 1-Aminocyclopropanecarboxylic acid 
(ACC) in or on apple and stone fruit. The analytical methods Ultra 
High-Performance Liquid Chromatography-Tandem Mass Spectrometry is 
available to EPA for the detection and measurement of the pesticide 
    2. PP 9F8802. (EPA-HQ-OPP-2020-0328). Certis USA LLC, 9145 Guilford 
Rd., Suite 175, Columbia, MD 21046, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the insecticide Spodoptera 
frugiperdamultiplenucleopolyhedrovirusisolate NPV003 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because it is requesting an exemption from the requirement of a 

New Tolerance Exemptions for PIPS

    PP 0F8839. (EPA-HQ-OPP-2020-0546). Bayer CropScience LP, 800 N. 
Lindbergh Blvd., St. Louis, MO 63167, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 174 for 
residues of the plant-incorporated protectants (PIPs) Cry1B.868 and 
Cry1DA_7 proteins derived from Bacillus thuringienisis in or on the 
food and feed commodities of corn, field; corn, sweet; and corn, pop. 
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.

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

    Dated: November 24, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-28123 Filed 12-22-20; 8:45 am]