[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Rules and Regulations]
[Pages 62925-62928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24794]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0481; FRL-8918-01-OCSPP]


Methylorubrum populi Strain NLS0089; Exemption From the 
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of Methylorubrum populi strain NLS0089 in 
or on all food commodities when used in accordance with label 
directions and good agricultural practices. NewLeaf Symbiotics 
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic 
Act (FFDCA), requesting an exemption from the requirement of a 
tolerance. This regulation eliminates the need to establish a maximum 
permissible level for residues of Methylorubrum populi strain NLS0089 
under FFDCA when used in accordance with this exemption.

DATES: This regulation is effective November 15, 2021. Objections and 
requests for hearings must be received on or before January 14, 2022 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2020-0481, is available at 
https://www.regulations.gov or at the Office of Pesticide Programs 
Regulatory Public Docket (OPP Docket) in the Environmental Protection 
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., 
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Public Reading Room are 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: 
[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).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Office of the Federal

[[Page 62926]]

Register's e-CFR site at https://ecfr.federalregister.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file 
an objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2020-0481 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing and must be received by the Hearing Clerk on or before 
January 14, 2022. Addresses for mail and hand delivery of objections 
and hearing requests are provided in 40 CFR 178.25(b), although EPA 
strongly encourages those interested in submitting objections or a 
hearing request to submit objections and hearing requests 
electronically. See Order Urging Electronic Service and Filing (April 
10, 2020), https://www.epa.gov/sites/production/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf. 
At this time, because of the COVID-19 pandemic, the judges and staff of 
the Office of Administrative Law Judges are working remotely and not 
able to accept filings or correspondence by courier, personal delivery, 
or commercial delivery, and the ability to receive filings or 
correspondence by U.S. Mail is similarly limited. When submitting 
documents to the U.S. EPA Office of Administrative Law Judges (OALJ), a 
person should utilize the OALJ e-filing system at https://yosemite.epa.gov/OA/EAB/EAB-ALJ_upload.nsf.
    Although EPA's regulations require submission via U.S. Mail or hand 
delivery, EPA intends to treat submissions filed via electronic means 
as properly filed submissions during this time that the Agency 
continues to maximize telework due to the pandemic; therefore, EPA 
believes the preference for submission via electronic means will not be 
prejudicial. If it is impossible for a person to submit documents 
electronically or receive service electronically, e.g., the person does 
not have any access to a computer, the person shall so advise OALJ by 
contacting the Hearing Clerk at (202) 564-6281. If a person is without 
access to a computer and must file documents by U.S. Mail, the person 
shall notify the Hearing Clerk every time it files a document in such a 
manner. The address for mailing documents is U.S. Environmental 
Protection Agency, Office of Administrative Law Judges, Mail Code 
1900R, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2020-0481, by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be 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-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background

    In the Federal Register of March 22, 2021 (86 FR 15162) (FRL-10021-
44), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21 U.S.C. 
346a(d)(3), announcing the filing of a pesticide tolerance exemption 
petition (PP 0F8823) by NewLeaf Symbiotics, 1005 North Warson Rd., Ste. 
102, St. Louis, MO 63132. The petition requested that 40 CFR part 180 
be amended by establishing an exemption from the requirement of a 
tolerance for residues of the fungicide Methylorubrum populi strain 
NLS0089 in or on all food commodities. That notice referenced a summary 
of the petition prepared by the petitioner NewLeaf Symbiotics and 
available in the docket via https://www.regulations.gov. No comments 
were received on the notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement of a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings but does not include 
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in 
establishing or maintaining in effect an exemption from the requirement 
of a tolerance, EPA must take into account the factors set forth in 
FFDCA section 408(b)(2)(C), which require EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance or tolerance exemption and 
to ``ensure that there is a reasonable certainty that no harm will 
result to infants and children from aggregate exposure to the pesticide 
chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D) 
requires that EPA consider ``available information concerning the 
cumulative effects of [a particular pesticide's] . . . residues and 
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on 
Methylorubrum populi strain NLS0089 and considered their validity, 
completeness, and reliability, as well as the relationship of this 
information to human risk. A full explanation of the data upon which 
EPA relied and its risk assessment based on those data can be found 
within the document entitled ``Revised Human Health Risk Assessment of 
Methylorubrum populi strain NLS0089, a New Active Ingredient, in TS601, 
a new End-Use Product Proposed for Registration, and an Associated 
Petition Requesting a Tolerance Exemption'' (Methylorubrum populi 
strain NLS0089 Human Health Assessment). This document, as well as 
other relevant information, is available in the docket for this action 
as described under ADDRESSES.
    The available data demonstrated that, with regard to humans, 
Methylorubrum populi strain NLS0089 is not anticipated to be toxic, 
pathogenic, or infective via any reasonably foreseeable route of 
exposure.
    In an acute pulmonary toxicity/pathogenicity study, four test 
animals (one male rat and three female rats) treated with Methylorubrum 
populi strain NLS0089 died on days 2 or 3. Three of four of these test 
animals

[[Page 62927]]

exhibited irregular respiration before death, and, upon necropsy, were 
found to have red mottled lungs and/or fluid-filled intestines. 
Further, several of the surviving test animals treated with 
Methylorubrum populi strain NLS0089 exhibited abnormal clinical signs 
through day 4 (e.g., irregular respiration or pale color) and/or had 
abnormal gross findings upon necropsy up to day 23 (e.g., red mottled 
lungs and/or enlarged lymph nodes). Body weight and body weight gain 
were not adversely affected by treatment, and no abnormal clinical 
signs, mortalities, or gross necropsy findings were seen in the control 
animals (not treated or treated with inactivated Methylorubrum populi 
strain NLS0089). The abnormal clinical observations, mortalities, and 
abnormal necropsy findings are likely consistent with and attributed to 
factors such as anesthesia administration and test substance 
administration, which was higher than the recommended maximum hazard 
dose, via the intratracheal route. As a result, these findings are 
likely attributed to a combination of anesthesia effects and 
overdosing, which are not indicative of toxicity or relevant to 
pesticide exposure concerns when used according to label directions and 
good agricultural practices. Overall, this study established that 
Methylorubrum populi strain NLS0089 is not pathogenic or infective when 
administered intratracheally at a single dose of 2.93 x 10\9\ colony-
forming units (CFU) per test animal and demonstrated a pattern of 
clearance of Methylorubrum populi strain NLS0089 from the blood, cecum 
contents, and organs of the test animals.
    In an acute injection toxicity/pathogenicity study, numerous test 
animals treated with Methylorubrum populi strain NLS0089 and one test 
animal treated with inactivated Methylorubrum populi strain NLS0089 had 
enlarged spleens upon necropsy up to day 22. There were no adverse 
effects of mortality, clinical signs, body weight, or body weight gain 
in any of the test groups. The abnormal necropsy findings likely 
reflect a physiological response to a blood-borne antigen rather than a 
toxic effect on the spleen due to the spleen's function of filtering 
blood of infectious agents. The assay was testing an artificial 
infection and most likely indicated lymphocytes producing antibodies 
reacting to the infection, which were filtered by the spleen causing an 
enlargement. It should be noted that signs of infection, i.e., the 
spread of the microbial pest control agents (MPCA) across the blood/
brain barrier or to other organs not involved with an immune response, 
were not noted, and there were no other signs of toxin production 
during exposure. Overall, this study established that Methylorubrum 
populi strain NLS0089 is not pathogenic or infective when administered 
intravenously at a single dose of 1.21 x 10\7\ CFU per test animal and 
demonstrated a pattern of clearance of Methylorubrum populi strain 
NLS0089 from the blood, cecum contents, and organs of the test animals.
    There may be some dietary and non-occupational exposures to 
residues of Methylorubrum populi strain NLS0089 when used in accordance 
with label directions and good agricultural practices, which exposures 
are only slightly more than environmental background levels for a short 
period of time after application. However, there is not a concern due 
to the lack of potential for adverse effects. Because there are no 
threshold levels of concern with the toxicity, pathogenicity, or 
infectivity of Methylorubrum populi strain NLS0089, EPA determined that 
no additional margin of safety is necessary to protect infants and 
children as part of the qualitative assessment conducted. Based upon 
its evaluation in the Methylorubrum populi strain NLS0089 Human Health 
Assessment, which concludes that there are no risks of concern from 
aggregate exposure to Methylorubrum populi strain NLS0089, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the U.S. population, including infants and children, from aggregate 
exposure to residues of Methylorubrum populi strain NLS0089.

B. Analytical Enforcement Methodology

    An analytical method is not required for Methylorubrum populi 
strain NLS0089 because EPA is establishing an exemption from the 
requirement of a tolerance without any numerical limitation.

C. Conclusion

    Therefore, an exemption from the requirement of a tolerance is 
established for residues of Methylorubrum populi strain NLS0089 in or 
on all food commodities when used in accordance with label directions 
and good agricultural practices.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section 
408(d) in response to a petition submitted to EPA. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993). Because this action has been 
exempted from review under Executive Order 12866, this action is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., nor does it require any special 
considerations under Executive Order 12898, entitled ``Federal Actions 
to Address Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance 
exemption in this action, do not require the issuance of a proposed 
rule, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or Tribes. As a result, this 
action does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, EPA has determined that this 
action will not have a substantial direct effect on States or Tribal 
Governments, on the relationship between the National Government and 
the States or Tribal Governments, or on the distribution of power and 
responsibilities among the various levels of government or between the 
Federal Government and Indian Tribes. Thus, EPA has determined that 
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 
1999), and Executive Order 13175, entitled ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 
2000), do not apply to this action. In addition, this action does not 
impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act (2 U.S.C. 
1501 et seq.).
    This action does not involve any technical standards that would 
require EPA's consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (15 U.S.C. 272 note).

[[Page 62928]]

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: October 26, 2021.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. Add Sec.  180.1385 to subpart D to read as follows:


Sec.  180.1385  Methylorubrum populi strain NLS0089; exemption from the 
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of Methylorubrum populi strain NLS0089 in or on all food 
commodities when used in accordance with label directions and good 
agricultural practices.

[FR Doc. 2021-24794 Filed 11-12-21; 8:45 am]
BILLING CODE 6560-50-P