[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Proposed Rules]
[Pages 66512-66514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25417]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-8792-05-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (November 2021)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification 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 December 23, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition (PP) of interest as shown in the 
body of this document, online at https://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. Additional instructions on commenting or visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the 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 the EPA/DC and docket 
access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), main telephone

[[Page 66513]]

number: (703) 305-7090, email address: [email protected]; or Charles 
Smith, Biopesticides and Pollution Prevention Division (7511P), main 
telephone number: (703) 305-7090, email address: [email protected]. 
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 pesticide petition 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:
     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 https://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 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 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 https://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA 
is publishing notification 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. Amended Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 1F8916. (EPA-HQ-OPP-2021-0516). ICA TriNova, LLC. 1 Beavers 
Street, Suite B, Newman, GA 30263, requests to amend the existing 
exemption from the requirement for a tolerance for residues of chlorate 
resulting from the application of gaseous chlorine dioxide as a 
fungicide, bactericide, and antimicrobial at 40 CFR 180.1364 to include 
residues in or on raw agricultural commodities from crop group 1 (root 
and tuber vegetables), crop group 3 (bulb vegetables), crop group 8 
(fruiting vegetables), crop group 9 (cucurbit vegetables), crop group 
10 (citrus), crop group 11 (pome fruits), crop group 12 (stone fruits), 
crop group 14 (tree nuts), crop group 16 (forage, fodder, and straw of 
cereal grains), crop group 17 (grass forage, fodder, and hay), crop 
group 18 (non-grass animal feeds), crop group 21 (edible fungi), crop 
group 23 (tropical and subtropical fruits, medium and large, smooth 
inedible peel). The petitioner believes no analytical method is needed 
because the Agency is establishing an exemption from the requirement of 
a tolerance without any numerical limitation. Contact: AD.
    2. PP 1F8918 and PP 1F8928. (EPA-HQ-OPP-2021-0632). FBSciences, 
Inc., 153 N Main St. Ste. 100, Collierville, TN 38017, requests to 
amend an exemption from the requirement of a tolerance in 40 CFR 
180.1321 for residues of the plant growth regulator, nematicide, 
fungicide and insecticide complex polymeric polyhydroxy acids (CPPA) in 
or on all food commodities. The petitioner believes no analytical 
method is needed because the ingredient is currently exempt from the 
requirement of a tolerance for two of the four proposed uses. No toxic 
endpoints have been identified. Contact: BPPD.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11565. (EPA-HQ-OPP-2021-0642). Exponent, Inc., 1150 
Connecticut Ave. NW, Suite 1100, Washington, DC 20036 on behalf of 
Tygrus, LLC (1132 E Big Beaver Road, Troy, MI 48083) requests to 
establish an exemption from the requirement of a tolerance for residues 
of calcium sulfate (CAS Reg. No. 7778-18-9) for use as an inert 
ingredient in antimicrobial formulations applied to food-contact 
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils under 40 CFR 180.940(a), limited to 
100 parts per million (ppm). The petitioner believes no analytical 
method is needed because it is not required for an exemption from the 
requirement of a tolerance. Contact: RD.

C. New Tolerances for Non-Inerts

    PP 1E8946. (EPA-HQ-OPP-2021-0729). Syngenta Crop Protection, LLC,

[[Page 66514]]

410 Swing Road, P.O. Box 18300, Greensboro, NC 27419, requests to 
establish import tolerances in 40 CFR part 180 for residues of the 
fungicide, Azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-
4-yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of 
Azoxystrobin (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate), in or on mango at 8 ppm; papaya 
at 6 ppm; and palm, oil at 0.06 ppm. Gas chromatography with nitrogen-
phosphorus detection (GC-NPD) or in mobile phase by high performance 
liquid chromatography with ultra-violet detection (HPLC-UV) is used to 
measure and evaluate the chemical, Azoxystrobin and its Z isomer. 
Contact: RD.

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

    Dated: November 10, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2021-25417 Filed 11-22-21; 8:45 am]
BILLING CODE 6560-50-P